Terms Of service
Terms Of service
All services provided by DesiVPS ("DesiVPS") may be used for lawful purposes only. Transmission, storage or presentation of any information, data or material in violation of any United States federal, state or city law is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, or material protected by trade secret and other statute. The subscriber agrees to indemnify and hold harmless DesiVPS from any claims resulting from the use of service which damages the subscriber or any other party.
DesiVPS is not responsible for any damages your business may suffer. DesiVPS makes no warranties of any kind, expressed or implied. DesiVPS is not responsible for any loss of data or damages due to service interruptions.
Prohibited are sites that promote any illegal activity or present content that may be damaging to DesiVPS' servers, or any other server on the Internet. Links to such materials are also prohibited.
Examples of unacceptable content or links:
CPU/Resource Intensive Programs
Denial of Service Attacks
Spamming / Email Marketing
Hacking / Cracking
Transmissiong or storage of any data or material that is in violation or regulation of any law is prohibited. This includes but not limited to: copywritten material, trademarks, or any other illegal content including: MP3s, Movies, Pirated Software, and Hacker Programs.
Warez, image/file dumps, mirrors
Sale of controlled substances
IP Scanning, bruteforce programs and spam scripts
Plans that include shared unmetered bandwidth are shared among by several customers. With such, acceptable use of the shared unmetered port is expectetd to be utilized in a way that does not cause problems or interfere with other clients. Maximum sustained expected utilization is about 30% of the port capacity. Extreme usage may result in port rate limiting or traffic shaping. Please contact us if you are interested in obtaining a dedicated port plan.
Any attempt to undermine or cause harm to a server or customer of DesiVPS is strictly prohibited. As our customer you are responsible for all your accounts. Should you violate the Terms of Services outlined within, your account will be cancelled without chance of refund.
Refusal of Service
We reserve the right to refuse, cancel or suspend service, at our sole discretion. All sub-networks, distributive hosting sites and dedicated servers of DesiVPS must adhere to the above policies, with the exception of system resources in respect to dedicated servers.
Accounts will not be activated until the first months payment is received and the account is verified. Users will receive invoices via email at least one week prior to the service due date. Invoices must be paid on or by the date of the invoice. Failure to pay the invoice on time will result in account suspension. Accounts that are past due are subject to termination. If an account is terminated all data will be terminated and will not be recoverable. DesiVPS is not responsible for any data loss due to non-payment
Additional verification for orders paid via credit card may be required. Verification includes a copy of the photo ID and credit card used at the time of purchase. If the account is not verified we reserve the right to cancel the order. All credit card payments are billed automatically on the service due date.
Payments are considered past due 1 day after the due date. Accounts that become past due are subject to a 15% late fee that will be applied to the service invoice. The late fee must be paid prior to the service being reactivated.
By the Account Activation Date of each month, DesiVPS shall either:
(1) debit the client's credit card (when such information has been provided by the client); or
(2) deliver, by e-mail or regular mail, an invoice in accordance with the applicable Service Fees for services rendered for the current month. When an invoice is delivered to the client, payment shall be remitted to DesiVPS by no later than the specified payment due date. DesiVPS shall be entitled to immediately terminate this agreement for client's failure to make timely payments. You will be provided with an invoice on a monthly basis. All credit cards are billed automatically on a monthly basis. It is the client's responsibility to ensure that they have sufficient credit to cover this transaction. In the event that there is insufficient credit, we will send an e-mail notification, at which point we will need to be provided with another credit card account number within 24 hours. If we do not receive a response within 24 hours, the account, and all accounts under that account plan, will be suspended.
Money back guarantee & refund policy
We do not generally refund cancelled contracts. For example, if your contract is quarterly and you request a refund after two months, no refunds will be admitted. No refunds are issued for setup charges, add-on charges, domain-registrations, add-on purchases, SSL certificates or overage charges. In case of AUP violations, any and all refunds are forfeit.
We DO NOT refund partial monthly fees to accounts. We require 30 days notice for a cancellation.
Refusal of Service
We reserve the right to refuse, cancel or suspend service, at our sole discretion.
Limitation of Liability
DesiVPS shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from DesiVPS's servers going off-line or being unavailable for any reason whatsoever. Furthermore, DesiVPS shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any web site from one of DesiVPS ' servers. All damages shall be limited to the immediate termination of service.
Violations of these Acceptable Use Policies should be referred to [email protected] All complaints will be investigated promptly. Failure to follow any term or condition will be grounds for immediate account deactivation.
DesiVPS cannot be held liable for system down time, crashes or data loss. We cannot be held liable for any predicated estimate of profits which a client would have gained if their site was functioning. Certain services provided by DesiVPS are resold. Thus, certain equipment, routing, software and programming used by DesiVPS are not directly owned or written by DesiVPS. Moreover, DesiVPS holds no responsibility for the use of our clients' accounts. Failure to comply with any terms or conditions will result in the automatic deactivation of the account in question. We reserve the right to remove any account, without advance notice for any reason without restitution, as DesiVPS sees fit.
By activating your account with DesiVPS, you agree to the above policies and disclaimer. Upon requesting activation of an account, you are required to accept these policies, guidelines and disclaimer, and a copy of your acceptance is forwarded along with your activation request to be maintained with your account information.
NOTICE: If you sign up for an account and fail to comply with these terms, no refunds will be given. We will, however, advise you by e-mail or phone prior to taking any action to provide you with an opportunity to correct the problem.
DesiVPS reserves the right to amend any or all of the above policies, guidelines and disclaimer without notification. We also retain the right to increase any pricing and make changes to our account plans without notification.