This Terms of Service ('Agreement') is a legally binding contract between Buckeye VPS, LLC ('Buckeye VPS' or 'We') and you ('Customer', 'Subscriber' or 'You') that shall govern the purchase and use, in any manner, of the services provided by Buckeye VPS to Customer (collectively, the 'Services').
By purchasing and/or using Buckeye VPS services in any manner, you represent that you have read, understand, and agree to all terms and conditions set forth in this agreement, and that you are at least eighteen (18) years old and have the legal ability to engage in a contract in the State of Ohio.
If you do not agree to all the terms and conditions set forth in this agreement, then you may not use any of the services. If you are already a customer of Buckeye VPS and do not agree with the terms and conditions set forth in this agreement, you should immediately contact Buckeye VPS to cancel your services.
1.1: Transmission, distribution or storage of any material in violation of any applicable law or regulation is prohibited. This includes, without limitation, material protected by copyright, trademark, trade secret or other intellectual property right used without proper authorization, and material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws.
1.2: Sending Unsolicited Bulk Email ('UBE', 'spam'). The sending of any form of Unsolicited Bulk Email through Buckeye VPS' servers is prohibited. Likewise, the sending of UBE from another service provider advertizing a web site, email address or utilizing any resource hosted on Buckeye VPS' servers, is prohibited. Buckeye VPS accounts or services may not be used to solicit customers from, or collect replies to, messages sent from another Internet Service Provider where those messages violate this Policy or that of the other provider.
1.3: Running Unconfirmed Mailing Lists. Subscribing email addresses to any mailing list without the express and verifiable permission of the email address owner is prohibited. All mailing lists run by Buckeye VPS customers must be Closed-loop ('Confirmed Opt-in'). The subscription confirmation message received from each address owner must be kept on file for the duration of the existence of the mailing list. Purchasing lists of email addresses from 3rd parties for mailing to from any Buckeye VPS-hosted domain, or referencing any Buckeye VPS account, is prohibited.
1.4: Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to violate this AUP or the AUP of any other Internet Service Provider, which includes, but is not limited to, the facilitation of the means to send Unsolicited Bulk Email, initiation of pinging, flooding, mail-bombing, denial of service attacks.
1.5: Operating an account on behalf of, or in connection with, or reselling any service to, persons or firms listed in the Spamhaus Register of Known Spam Operations (ROKSO) database at www.spamhaus.org/rokso.
1.6: Unauthorized attempts by a user to gain access to any account or computer resource not belonging to that user (e.g. 'hacking' or 'cracking').
1.7: Obtaining or attempting to obtain service by any means or device with intent to avoid payment.
1.8: Unauthorized access, alteration, destruction, or any attempt thereof, of any information of any Buckeye VPS customers or end-users by any means or device.
1.9: Knowingly engage in any activities designed to harass, or that will cause a denial-of-service (e.g. synchronized number sequence attacks) to any other user whether on the Buckeye VPS network or on another provider's network.
1.10: Using Buckeye VPS' services to interfere with the use of the Buckeye VPS network by other customers or authorized users.
Customer Responsibility for Customer's Users
2.1: Each Buckeye VPS customer is responsible for the activities of its users and, by accepting service from Buckeye VPS, is agreeing to ensure that its customers/representatives or end-users abide by this AUP. Complaints about customers/representatives or end-users of a Buckeye VPS customer will be forwarded to Buckeye VPS management for action. If violations of the Buckeye VPS Acceptable Use Policy occur, Buckeye VPS reserves the right to terminate services with or take action to stop the offending customer from violating the Buckeye VPS Acceptable Use Policy as Buckeye VPS deems appropriate, without notice.
Domain Name Registration and SSL Certificates
3.1: We make no representation that the domain name you wish to register is capable of being registered or that it will be registered in your name. You should therefore not assume registration of your requested domain name(s) until you have been notified that it has or they have been registered. Any action taken by you before such notification is at your risk.
3.2: The registration and use of your domain name is subject to the terms and conditions of use applied by the relevant naming authority. You shall ensure that you are aware of those terms and conditions and that you comply with them. You shall have no right to bring any claim against us in respect of refusal to register a domain name. Any administration charge paid by you to us shall be non-refundable notwithstanding refusal by the naming authority to register your desired name.
3.3: We shall have no liability in respect of the use by you of any domain name. Any dispute between you and any other person must be resolved between the parties concerned in such dispute. If any such dispute arises, we shall be entitled, at our discretion and without giving any reason, to withhold, suspend or cancel the domain name. We shall also be entitled to make representations to the relevant naming authority but will not be obliged to take part in any such dispute.
3.4: We shall not release any domain to another provider unless full payment for that domain has been received by us.
3.5: We reserve the right to revoke or refuse an SSL certificate with or without prior notice.
3.6: We reserve the right to increase/decrease our SSL prices at anytime with or without prior notice.
3.7: We reserve the right to provide the customer with another equivalent SSL certificate should the advertised one not be available.
3.8: We provide no warranties or guarantees on the nature and functionality of SSL certificates.
3.9: We do not provide technical support for SSL certificates apart from installing it for you.
3.10:Our money back guarantee does not apply to domain names and SSL certificates.
Web Hosting Accounts
4.1: Customer may not resell space in their account. Web hosting accounts are to be used by the primary owner only. You are not permitted to resell, store or give away web hosting services to other parties. The resell of web hosting services is defined as allowing a separate, third party to host content on the customer's account. Exceptions to this include ad banners, classified ads, and personal ads. If you wish to host materials for companies that are not under your direct control, arrangements should be made by opening a ticket from our client area. Failure to comply with this policy is grounds for immediate suspension of customer's account until the issue is resolved.
4.2: Excessive CPU, bandwidth or disk space usage has the ability to compromise our shared hosting environment. This is the result of using the system in a manner that encumbers disk space, processors or other system resources beyond the allowances of your specific plan type and to the degree that your usage compromises the hosting accounts of our other customers.
4.3: Excessive resource usage - CGI scripts or other executable code that consumes an undue amount of CPU time (defined dynamically by Buckeye VPS at will) will be re-prioritized if possible, or we will request that you discontinue its use until it is altered to operate in a less resource excessive manner. Failure to cease operation of the offending script or executable will be considered as server abuse. We reserves the right to terminate any process which we deem to be using excessive resource usage.
4.4: Background processes - Applications or utilities that are started from within an interactive shell and set to run in the background on a server are not to be permitted without prior arrangement. We reserve the right to examine your code before it is run on our servers. Running of background processes without prior arrangements is considered server abuse.
4.5: Compiling - User rights to access compiler software is available upon request and arrangement. We reserve the right to examine your code before it is run on our servers. If you need access to the compiler, please contact us describing your need for access. Compiling without prior arrangements is considered server abuse.
4.6: Pornography - We prohibit the storage and transmission (inbound or outbound) of pornography on our servers or network.
4.7: Copyright software, warez, destructive applications, copyright media, proprietary computer information, and hacking or cracking sites are strictly prohibited on our servers and network. Customers storing and transmitting (inbound or outbound) files that violate copyright or other federal laws are grounds for immediate termination.
4.8: Warez sites are sites that are typically used by 'hackers' to trade (upload/download) illegally pirated copies of software programs. We have a zero-tolerance policy on all warez sites. Sites that become a trading post for 'warez' programs will be reported to any and all regulatory, administrative, and/or governmental authorities for prosecution. In addition to your account being removed from our servers, you may face legal action by the programmers/software companies of the copyrighted software.
4.9: Any incident of server abuse is grounds for immediate account termination. Common examples of abusive practices are listed below. We reserve the right of interpretation as to what constitutes abusive practices. If you are unsure if your actions may be perceived as an abuse of service, contact us before proceeding.
4.10: We reserve the right to financially penalize any customer violating this agreement. The amount the customer is penalized is determined by Buckeye VPS. The customer agrees to pay all financial penalties in full and within 30 days.
4.11: Internet Relay Chat - The use of Internet Relay Chat (IRC) is not permitted on our servers or network. Customer's found to be running IRC sessions, IRC daemons, IRC proxies, IRC bots, or IRC bounders, are subject to immediate suspension without warning.
4.12: Hacking / Denial of Service - Network activity that constitutes an attack on any Internet host from our servers or network is grounds for immediate termination and likely prosecution.
4.13: We prohibit the use of any portion of our servers or network to be used primarily to serve file download services.
4.14: Proxy websites and similar are prohibited.
4.15: Backups of data are for our own use and disaster recovery purposes. Customer's are responsible for the data stored in their account and are therefore encouraged to make their own backups. Customers may request one free restore per month. The backups performed by Buckeye VPS are provided as a courtesy. We do not make any guarantees on the integrity and reliability of the backups.
4.16: We reserve the right to disable backups being performed on cPanel accounts larger than 4 GB. Customer's are responsible for monitoring their total disk space usage.
4.17: We guarantee a 99.9% server uptime to web hosting customers. The following credit schedule applies:
99.5 - 99.89 = 70% service credit
99.0 - 99.49 = 80% service credit
98 - 99 = 90% service credit
97.99 - 95.00 = 100% service credit
4.18: Customers claiming credit under our uptime guarantee must do so by opening a ticket from our client area within 72 hours of the incident with their username, primary account domain and most recent invoice number. All requests after 72 hours of the incident will be void.
4.19: Our uptime guarantee and crediting schedule do not apply in cases where the downtime/service disruption was scheduled in advance and announced to you before the downtime or disruption.
4.20: We reserve the right to determine the uptime of our servers and network and will base it on our own monitoring system. External monitoring statistics set up by customers will not be considered as evidence of uptime.
4.21: Only one promotion can be used when ordering and there is a limit of one promotion per account. Buckeye VPS reserves the right to refuse any promotion at any time.
4.22: We reserve the right to revoke or modify a promotion at any time without notice.
4.23: We reserve the right to suspend accounts that have exceeded their allocated disk space or bandwidth.
4.24: Customers who use excess disk space or bandwidth will be charged $2.50 per GB (rounded up to the nearest GB) for each GB of disk space or bandwidth that is in excess of their account resources.
Virtual Private Server (VPS) Accounts
5.1: The VPS customer is liable and responsible for all actions of their account and sub-accounts. As the VPS customer, you agree to accept all responsibility and liability for your actions and the actions of your users either directly or indirectly.
5.2: If an IP address assigned to a VPS customer is blocked and/or blacklisted, Buckeye VPS will impose a non-negotiable $100.00 penalty fee payable within 24 hours. Buckeye VPS reserves the right to take further action should this fee remain unpaid.
5.3: The legal liability and legal responsibility of the sub-accounts on a customer's VPS belongs to the VPS customer.
5.4: The VPS customer agrees to actively monitor their sub-accounts to ensure all users are abiding by the Buckeye VPS Acceptable Use Policy and Terms of Service.
5.5: The VPS customer is responsible for the content of the sub-accounts they create. If a sub-account is hacked or abused, the VPS customer will be accountable for all costs and liability.
5.6: Terms of Service violations as a result of a sub-account being exploited with or without knowledge will be the responsibility of the VPS customer.
Payment and Billing
6.1: All accounts are set-up on a prepay basis only.
6.2: We reserve the right to charge a $10.00 late fee or 10% late fee, whichever is greater, for invoices that are 7 days outstanding.
6.3: We reserve the right to suspend accounts and services for invoices that are 9 days outstanding.
6.4: All accounts will continue to accumulate invoices and accrue charges until the customer informs Buckeye VPS of their intentions to cancel the account in accordance with the cancellation procedures described in the Terms of Service. The customer is obligated and responsible for paying for all accumulated charges.
6.5: In the event of account suspension due to non-payment, Buckeye VPS will not provide the customer with any account backups until the outstanding invoice has been paid in full.
6.6: If you have a credit card on file, you authorize Buckeye VPS to automatically charge the credit card on the invoice due date.
6.7: If you have a credit card on file and your account is past due, you authorize Buckeye VPS to charge the credit card it has on file regardless is your primary method of payment is not credit card.
6.8: If past due accounts remain unpaid for a period of 30 days, Buckeye VPS may pass your details to a 3rd party debt collection agency or sell the debt. In such cases, Buckeye VPS will impose a $150.00 administrative fee.
Refunds and Cancellations
7.1: To cancel your account, you must open a ticket in our client area. Your ticket must include your domain name (or server name for VPS customers), username, password, and most recent invoice number. Failure to cancel your account using this method will result in your account not being cancelled and you will be subject to additional charges.
7.2: You must notify Buckeye VPS at least 7 days before your next billing due date. If you do not notify Buckeye VPS at least 7 days before your next billing date with your intent to cancel, you will be charged for any subsequent months where the cancellation notice has not been provided to Buckeye VPS at least 7 days before the due date.
7.3: If you are paying by PayPal, you are responsible for the creation and termination of your PayPal subscription.
7.4: Any excess payments you send to us via PayPal are not refundable under any circumstances. You are responsible for ensuring you send us the correct payment.
7.5: Accounts canceled under our 30 day money back guarantee are subject to a full refund for the hosting account charges only (less any additional fees).
7.6: Accounts purchased under any Buckeye VPS promotion (with our without coupon code) are excluded from the 30 day money back guarantee.
7.7: Buckeye VPS dedicated servers and SSL certificates are excluded from the 30 day money back guarantee.
7.8: If you have violated our Terms of Service, you are excluded from the 30 day money back guarantee.
7.9: Domain names, SSL certificates, IP addresses, cPanel/WHM, and any additional addons or services are not governed by our 30 day money back guarantee.
7.10: If you are requesting credit under our 99.9% uptime guarantee, the request must be submitted within 72 hours of the incident happening. Otherwise, the request will be void.
7.11: You must allow up to 30 days for credit and refunds to be processed and applied to your account.
7.12: Customers have 30 days to request a refund regardless of how many days, weeks, months or years you have paid for in advance.
8.1: Buckeye VPS does not provide support for 3rd party scripts, including all scripts listed in Fantastico, RVSiteBuilder, cPanel/WHM, or any other script unless explicitly stated.
8.2: If you open a ticket requesting support for a 3rd party script, your ticket will be re-prioritized as low priority and may be closed without an answer.
8.3: The offer of any particular service does not constitute an obligation on Buckeye VPS to tutor the necessary skills to utilize that service, only to provide system specific information.
8.4: Problems with DNS and domain name issues are not the direct responsibility of Buckeye VPS. DNS is a cooperative system and works solely because the parties involved in running the system agree to cooperate in the furtherance of the DNS system. We will do our best to isolate the source of the problem at hand, however unless this source is hardware directly under the control of Buckeye VPS, then the task of acquiring a solution will fall back into your hands. Buckeye VPS will advise when requested, but rarely intermediate in domain issues not directly related to the operation of one of our DNS servers.
8.5: Buckeye VPS covers free initial migration from your previous host. This service is limited to cPanel/WHM to cPanel/WHM transfers. We offer basic troubleshooting after account migration to ensure things have been transferred successfully. Buckeye VPS does not cover 3rd party script troubleshooting. It is your responsibility to ensure your scripts are compatible with our server environment.
9.1: Buckeye VPS reserves the right to refuse service to anyone. Customers may only use Buckeye VPS servers for lawful purposes. Transmission of any material in violation of any Federal, State or Local regulation is prohibited. This includes, but is not limited to copyrighted material, material legally judged to be threatening or obscene, and material protected by trade secrets. The designation of any materials as such described above is left entirely to the discretion of Buckeye VPS. Regardless of the place of entering into this agreement, the client agrees that for purposes of venue this contract was entered into in the State of Ohio in the United States and any dispute will be litigated or arbitrated in the State of Ohio in the United States.
10.1: CUSTOMER AGREES THAT IT SHALL DEFEND, INDEMNIFY, SAVE AND HOLD BUCKEYE VPS HARMLESS FROM ANY AND ALL DEMANDS, LIABILITIES, LOSSES, COSTS AND CLAIMS, INCLUDING REASONABLE ATTORNEY'S FEES ASSERTED AGAINST BUCKEYE VPS, ITS AGENTS, ITS CUSTOMERS, OFFICERS AND EMPLOYEES, THAT MAY ARISE OR RESULT FROM ANY SERVICE PROVIDED OR PERFORMED OR AGREED TO BE PERFORMED OR ANY PRODUCT SOLD BY CUSTOMER, IT'S AGENTS, EMPLOYEES OR ASSIGNS. CUSTOMER AGREES TO DEFEND, INDEMNIFY AND HOLD HARMLESS BUCKEYE VPS AGAINST LIABILITIES ARISING OUT OF; (1) ANY INJURY TO PERSON OR PROPERTY CAUSED BY ANY PRODUCTS SOLD OR OTHERWISE DISTRIBUTED IN CONNECTION WITH BUCKEYE VPS SERVERS; (2) ANY MATERIAL SUPPLIED BY CUSTOMER INFRINGING OR ALLEGEDLY INFRINGING ON THE PROPRIETARY RIGHTS OF A THIRD PARTY; (3) COPYRIGHT INFRINGEMENT AND (4) ANY DEFECTIVE PRODUCTS SOLD TO CUSTOMER FROM BUCKEYE VPS SERVERS.
11.1: BUCKEYE VPS WILL NOT BE RESPONSIBLE FOR ANY DAMAGES YOUR BUSINESS MAY SUFFER. BUCKEYE VPS MAKES NO WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED FOR SERVICES WE PROVIDE. BUCKEYE VPS DISCLAIMS ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS INCLUDES LOSS OF DATA RESULTING FROM DELAYS, NON-DELIVERIES, WRONG DELIVERY, AND ANY AND ALL SERVICE INTERRUPTIONS CAUSED BY BUCKEYE VPS AND ITS EMPLOYEES. BUCKEYE VPS RESERVES THE RIGHT TO REVISE ITS POLICIES AT ANY TIME.
11.2: BUCKEYE VPS RESERVES THE RIGHT TO CANCEL/SUSPEND/TERMINATE YOUR ACCOUNT AT ITS OWN DISCRETION WITH OR WITHOUT REASON IF IT FEELS THE ACCOUNT WILL CAUSE DAMAGE TO THE ORGANIZATION OR ANY OTHER REASON. BUCKEYE VPS RESERVES THE RIGHT TO ALTER THE SERVICES PROVIDED AT ANY TIME WITH OR WITHOUT NOTICE.
11.3: ALL SUB-NETWORKS, RESELLERS AND DEDICATED SERVERS OF BUCKEYE VPS MUST ADHERE TO THE MENTIONED HERE POLICIES.
11.4: FAILURE TO FOLLOW ANY TERM OR CONDITION WILL BE GROUNDS FOR IMMEDIATE ACCOUNT DEACTIVATION.
Intellectual Property Rights
12.1: Material accessible to you through Buckeye VPS services may be subject to protection under the United States or other copyright laws, or laws protecting trademarks, trade secrets or proprietary information. Except when expressly permitted by the owner of such rights, you must not use Buckeye VPS or its servers and network in a manner that would infringe, violate, dilute or misappropriate any such rights, with respect to any material, which you access or receive through the Buckeye VPS network. If you use a domain name in connection with Buckeye VPS or similar service, you must not use that domain name in violation of any trademark, service mark, or similar rights of any third party.
13.1: Buckeye VPS reserves the right to revise, amend, or modify this AUP, our TOS (Terms of Service) or other policies and agreements at any time and in any manner. Notice of any revision, amendment, or modification will be posted in accordance with our TOS (Terms of Service). All users of Buckeye VPS, and their clients, must comply with this AUP and our TOS. Please check back regularly for any updates.