Legal

Terms of service

Introduction
We provide virtual servers subject to the following terms and services. Use of WhyNOTaVPS's services constitutes acceptance and agreement to the Acceptable Use Policy and Terms of Service. The purchaser (“Subscriber”) is fully responsible for all services provided to them from the WhyNOTaVPS and is liable for any charges as a result of misuse or failure to follow the specified policies.

Disclosure to Law Enforcement
The AUP prohibits the use of our service for illegal activity. Therefore, the Subscriber agrees that the WhyNOTaVPS may disclose any and all information to any law enforcement agency who makes a written request without further consent or notification to the Subscriber.

Service Rates
The Subscriber acknowledges and agrees that the nature of the service and charges have been communicated to them prior to their sign up and during their service. Subscriber is aware that the WhyNOTaVPS may prospectively change the specified rates and charges from time-to-time.

Payment
Establishment of this service is dependent upon receipt by the WhyNOTaVPS of all due charges. Subsequent payments are due on the anniversary date of the month for that month's service. Service will be interrupted on accounts that reach 3 days past due through suspension or termination. The WhyNOTaVPS 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. Accounts not paid by due date are subject to a 5% late fee (minimum $1). The Subscriber accepts that providing on time payment to the WhyNOTaVPS is their responsibility, and agree that the WhyNOTaVPS is not liable for any damages caused by interruption or termination of Service. In the event that the Subscriber fails to provide payment by three days after the invoice due date, the WhyNOTaVPS may enlist the help of a third party collections agency and refer any due funds to them. The Subscriber agrees to pay any overdue fees including penalties and agrees to pay for any additional costs incurred by collecting the fees.

Bandwidth
Overage fees will apply to any service utilizing more than it's assigned bandwidth allocation, except for those services advertised/sold as "UNMETERED". Overages will be calculated based on overall amount of GigaBytes (GB) transferred in a monthly period at $0.20/GB. Client is responsible for all usage, and any corresponding overages fees, that result from a service that may be hacked and/or flooding. WhyNOTaVPS may require a deposit should a client utilize/require large amounts of bandwidth beyond their standard bandwidth allocation.

Request for cancellation
Requests for canceling accounts must be made via our portal - https://order.whynotavps.com/ > Select account > Request Cancellation. In order for cancellation to succeed, the Subscriber must have paid any outstanding invoices to the WhyNOTaVPS. The Customer acknowledges that cancellation will result in all data stored on the cancelled service(s) being permanently erased.

SPAM and Unsolicited Commercial Email (UCE)
WhyNOTaVPS takes a zero tolerance approach to the sending of Unsolicited Commercial Email (UCE) or SPAM over our network. Very simply this means that customers of the Subscriber may not use or permit others to use our network to transact in UCE. Customers of WhyNOTaVPS may not host, or permit hosting of, sites or information that is advertised by UCE from other networks. In addition, it is not acceptable to transmit bulk email through remote SOCKS, HTTP or other similar proxies who in turn make a SMTP (TCP port 25) connection to the destination mail servers. This technique may result in account suspension or termination. Violations of this policy carry severe penalties, including termination of service. In order to prevent unnecessary blacklisting due to spam we reserve the right to occasionally sample bulk email being sent from servers.
Violation of the WhyNOTaVPS SPAM policy will result in severe penalties. Upon notification of an alleged violation of our SPAM policy, the WhyNOTaVPS will initiate an immediate investigation (within 48 hours of notification). During the investigation, WhyNOTaVPS may restrict customer access to the network to prevent further violations. If a customer is found to be in violation of our SPAM policy WhyNOTaVPS may, at its sole discretion, restrict, suspend or terminate customer's account. Further, WhyNOTaVPS reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. WhyNOTaVPS will notify law enforcement officials if the violation is believed to be a criminal offense.

Open or "Anonymous" Proxy
The WhyNOTaVPS does not permit use of Open or "Anonymous" proxy servers. There are no exceptions to this policy. Violation of this policy may result in account suspension and/or termination.

Notification of Violation
WhyNOTaVPS is under no duty to look at each customer's or user's activities to determine if a violation of the AUP has occurred, nor do we assume any responsibility through our AUP to monitor or police Internet-related activities. First violation: Any User, which WhyNOTaVPS determines to have violated any element of this Acceptable Use Policy, shall receive an email, warning them of the violation. The service may be subject at WhyNOTaVPS's discretion to a temporary suspension pending a User's agreement in writing, to refrain from any further violations. Second Violation: Users that WhyNOTaVPS determines to have committed a second violation of any element of this Acceptable Use Policy shall be subject to immediate suspension or termination of service without further notice. Customer accepts that the consequences of violations will be decided on a case-by-case basis, and are warned that violations considered to be severe by the WhyNOTaVPS may result in the termination of Service.

We reserve the right, to drop the section of IP 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.

Data recovery/Backups
WhyNOTaVPS always recommends purchasing backup storage/service with any and all systems/services. Clients may purchase backup drives and/or backup storage and perform their own backups--with or without WhyNOTaVPS or control panel supplied backup software. WhyNOTaVPS cannot guarantee full, or even partial, recovery of data from a failed drive, but will work to the limit of their abilities to restore data from the failed hardware, based on defined policy and procedure.

Server Usage VPS
To maintain the integrity of WhyNOTaVPS services, any VPS (virtual private server) utilizing heavy amounts of system resources may be temporarily disabled. When necessary, clients/resellers may be required to upgrade the service package to accommodate actual usage.

Suspension of Service or Cancellation
The WhyNOTaVPS reserves the right to suspend network access to any customer if in the judgment of the WhyNOTaVPS network administrators the Subscriber's server is the source or target of the violation of any of the other terms of the AUP or for any other reason which WhyNOTaVPS chooses. If inappropriate activity is detected, all accounts of the Subscriber in question will be deactivated until an investigation is complete. Prior notification to the Subscriber is not assured. The Subscriber will not be credited for the time the customer's machines were suspended.
WhyNOTaVPS reserves the right to amend its policies at any time. All resellers of WhyNOTaVPS 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.

Support Policy
WhyNOTaVPS offers two types of support - unmanaged and managed. In both cases, the WhyNOTaVPS agrees to maintain the hardware, network and VPS node software itself. With the unmanaged option, the Customer is not eligible for any technical assistance pertaining to their Service unless WhyNOTaVPS has mistakenly set up their Container. With managed support, WhyNOTaVPS agrees to provide assistance with server migration, technical support and assistance with securing the Customer's server subject to this policy. The Customer accepts that WhyNOTaVPS cannot support every possible incident which may occur on their Server. Customer accepts that support provided by the WhyNOTaVPS is limited to helping them alone. WhyNOTaVPS reserves the right to decline providing assistance to a customer on a case by case basis, and will not provide any form of compensation if an issue pertaining to the Customer's service cannot be resolved. WhyNOTaVPS is under no obligation to provide the customer assistance with 3rd party applications. Support may only be provided on Servers with CentOS, Debian or Ubuntu systems, and will not provide assistance with Arch Linux or Gentoo systems. Should the Customer choose to purchase an Arch Linux or Gentoo system with the managed option, they will be inelegible for management. The WhyNOTaVPS is under no obligation to refund the Customer for an unused management service.

Indemnification
WhyNOTaVPS wishes to emphasize that in agreeing to the Acceptable Use Policy (AUP) and Terms of Service (ToS), customer indemnifies WhyNOTaVPS for any violation that results in loss to WhyNOTaVPS or the bringing of any claim against WhyNOTaVPS by any third-party. This means that if WhyNOTaVPS is sued because of a customer's or a customer of a customer's activity, the customer will pay any damages awarded against WhyNOTaVPS, plus all costs and attorney's fees.

Responsibility for Content
The Subscriber is solely responsible for the content stored on and served by your WhyNOTaVPS server.

Nature of service

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 WhyNOTaVPS and that damages resulting from any interruption of service are difficult to ascertain. Therefore, subscriber agrees that the WhyNOTaVPS shall not be liable for any damages arising from such causes beyond the direct and exclusive control of the WhyNOTaVPS. Subscriber further acknowledges that the WhyNOTaVPS 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 WhyNOTaVPS be liable for any special or consequential damages, loss or injury.

For any further clarifications please contact us.

Acceptable use

Illegal content or activities:
Not allowed!
Unsolicited emailing:
Not a chance!
IRC usage (clients and servers):
Running a client is permitted on our Germany network, not on any of our other networks
Peer-to-peer applications:
Permitted as long as legal content
Proxy services:
Permitted on our network
Adult content:
Fine as long it compiles with local regulations and copyright

We reserve the right to make decisions concerning our Acceptable Use policy on a case by case basis. For any further clarifications please contact us.