Terms

By accessing this web site, you are agreeing to be bound by these web site Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this web site are protected by applicable copyright and trade mark law.

Use License

Permission is granted to temporarily download one copy of the materials (information or software) on VPSFX's web site for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:

• Modify or copy the materials;
• Use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
• Attempt to decompile or reverse engineer any software contained on VPSFX web site;
• Remove any Copyright or other proprietary notations from the materials; or
• Transfer the materials to another person or "mirror" the materials on any other server

This license shall automatically terminate if you violate any of these restrictions and may be terminated by VPSFX at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

Disclaimer

The materials on VPSFX's web site are provided "as is". VPSFX makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, VPSFX does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.

Limitations

In no event shall VPSFX or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on VPSFX's Internet site, even if VPSFX or a VPSFX authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

Refunds

Domain Names

We offer absolutely no refunds on domain names that have been registered through VPSFX. Unlike other registrars, we incur costs to register domain names for our users. Therefore, we cannot refund registration or domain transfer fees. All domain name registrations and transfers are final. Should domain registration or transfer fail, for some reason, we agree to re-initiate the registration or transfer for free until the transfer completes. If we cannot get the transfer to complete after five (5) attempts, we will gladly refund your domain transfer price upon your request. We will not provide refunds for "accidental" domain registrations or transfers. This means that if you initiate a transfer for a domain you do not own, or if you place an order for a domain transfer or registration of the same domain more than once, we will not provide refunds for the accidental transfer initiation or registration.

SSL Certificates

VPSFX includes a 7 day refund guarantee on GeoTrust, VeriSign, Thawte and RapidSSL SSL Certificate products. If you are dissatisfied with your service for any reason, you will receive a full refund if you submit a refund requested within 7 days of the initial order date. Refunds are not available on EV (Extended Validation), successfully installed or issued Premium Installation products. Please contact Us for more information. In addition, refunds are not available for any order that has been replaced free of charge with the same or a substituted product, and/or has had a discount or credit applied via a discount coupon code.

Other Services

All money's paid to VPSFX are non-refundable. This includes depoists and company credits on your account.

Account Credits

All credits expire when your account becomes inactive. For your account to be considered active, you must have an active service with VPSFX. Suspened or Terminated Services are not considered active.

Backups

Clients are responsible for ensuring that reliable backups of data and software are performed regularly.

Revisions and Errata

The materials appearing on VPSFX's web site could include technical, typographical, or photographic errors. VPSFX does not warrant that any of the materials on its web site are accurate, complete, or current. VPSFX may make changes to the materials contained on its web site at any time without notice. VPSFX does not, however, make any commitment to update the materials.

Links

VPSFX has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by VPSFX of the site. Use of any such linked web site is at the user's own risk.

Site Terms of Use Modifications

VPSFX may revise these terms of use for its web site at any time without notice. By using this web site you are agreeing to be bound by the then current version of these Terms and Conditions of Use.

Governing Law

Any claim relating to VPSFX's web site shall be governed by the laws of the State of Arizona without regard to its conflict of law provisions.

The General Terms and Conditions set forth herein are applicable to the use of any of the VPSFX websites including but not limited to sub-domains and directories.

Indemnification

VPSFX customers agree to protect, defend, hold harmless, and indemnify VPSFX, any third party entity related to VPSFX (including, without limitation, third party vendors), and VPSFX's executives, directors, officers, attorneys, managers, employees, consultants, contractors, agents, parent companies, subsidiaries, and co-subsidiaries with the same parent company as VPSFX, from and against any and all liabilities, losses, costs, judgments, damages, claims, or causes of actions, including, without limitation, any and all legal fees and expenses, arising out of or resulting in any from the customer's use of VPSFX.com's services.

100% Network Uptime

VPSFX guarantees network availability for our public Internet network to be 100%. In the event that our network does not experience 100% network uptime in a given month, VPSFX will refund 5% of the customer's monthly service fees for those servers affected, for each 30 minutes of network downtime experienced up to 100% of the monthly service fees for those servers affected.

This SLA does not cover (without limitation): (a) network performance to Customer's physical location or internet access point (such as a local DSL/cable modem); or (b) failures due to denial of service attacks; or (c) Emergency Maintenance.

4 Hour Hardware Replacement Guarantee

VPSFX guarantees to replace any failed server hardware components provided by VPSFX at no cost to the client within four hours of problem identification. In the event that it takes VPSFX longer than four hours to replace any failed hardware component after problem identification, VPSFX will refund the customer 5% of the monthly service fees for each 60 minutes of downtime up to 100% of clients's monthly service fees for the affected server.

100% VPS Uptime SLA

VPSFX's goal is to maintain 100% uptime on all of our VPS hardware nodes. In the event that a VPS hardware node does not experience 100% uptime in a given month, you are eligible for a prorated credit equal to ten times (10x) the amount of time that the VPS node was down for, up to 100% of clients's monthly service fees for the affected server.

Any scheduled downtime of the VPS node for hardware or software maintenance will not apply towards this downtime calculation. The SLA does not apply to any software or services running inside Client's server, nor to the Client's server directly. It is only for downtime caused by issues with the hardware node itself. The SLA does not apply in any situation which the downtime was caused or could have been prevented by the Client. For example, if a VPS hardware node is down because of a filesystem check (fsck) causing a client's VPS to be offline, the SLA would apply. If a client shuts down their own VPS or misconfigures it to be offline, the SLA would not apply. If the hardware node is online and functioning properly then the SLA will not apply in any case.

SLA

All SLA claims must be filed by opening a helpdesk ticket through our client portal within 6 hours of the incident. The helpdesk ticket must include all relevant information including server name, IP address, full description of the incident and any logs (if applicable). All SLA credits will be issued as service credits against future invoices. SLA credits can only be used on VPSFX.

Network downtime is measured from the time the network is 100% unreachable until connectivity has been restored. Any scheduled downtime or network maintenance will not apply towards this downtime calculation. The 100% Network Uptime guarantee does not apply to any software or services running on a client's server, nor to any hardware within a client's server.

The 4 Hour Hardware Replacement Guarantee does not apply to replacing a failed disk drive that is in RAID so long as the other RAID disk(s) are functioning properly. The guarantee also does not apply to any time required to rebuild a RAID disk array or the time required to restore or reload any software or data to the affected server.

Clients currently in arrears for services do not qualify for SLA claims. Clients participating in malicious or aggressive activities thereby causing attacks or counterattacks, do not qualify for SLA claims and shall be in violation of the AUP.

Version: 03192016-1430