The following terms and conditions (these “Terms”) govern the provision by LoveServers (“Company”) of the services and/or products (referred collectively herein as (“Services and Products”) described on the Server Order Form, the Service Level Agreement and Service Exhibit attached hereto (collectively the “Service Descriptions”) and defined in any of the Company’s product support listing, to the customer (“Customer”) identified on the Service Descriptions. The Service Descriptions, these Terms and the attachments and any addenda hereto, executed with respect to the Services and Products, are referred to herein, collectively, as this “Agreement.” LoveServers reserves the right to change and update this document as needs change or arise.
Disk Space and Bandwidth. Customer will be provided with the amount of disk space and bandwidth stated in their quote or plan from LoveServers. Disk space usage and bandwidth usage are monitored by LoveServers and will be provided to the client to use at their leisure. Customers are responsible for purchasing additional disk space or bandwidth beyond that detailed in their “Plan” or to remove files and stop network usage in order to bring their usage with their Plan’s limit. In one month you may use a extra 5% of your quota, however continued heavy usage of this will require an upgrade or extra usage fees.
Jurisdiction and Jurisdictional Disputes, Legal Responsibilities. The parties expressly recognize that, where LoveServers is acting solely as Customer’s Host, LoveServers is not engaged in, and is not actively soliciting, interstate or international commerce for said Customer. Where LoveServers is a named party to any type of dispute or litigation involving any acts by Customer that affect out-of-state persons or entities, Customer agrees that it shall indemnify, hold LoveServers harmless, defend LoveServers exhaustively (including all legal cost(s), and challenge the jurisdiction of out of state authorities over LoveServers).
Storage & Backups. LoveServers shall store Customer’s web sites, files, email and databases on their servers. The parties expressly recognize that internet servers and links are susceptible to crashes, down time, vulnerabilities and that from time to time LoveServers may need to preform maintenance on their services. Customers with unmanaged services are to manage their own backups at their own expense. LoveServers is not responsible for data that you may have lost due to said crashes, down time or vulnerabilities. In addition LoveServers will not support illegal activities by providing you with a backup if your Web Hosting contains any of the materials found under the Abuse section of this document. Due to the nature of computer hardware, LoveServers is not liable for any data loss occurred.
Maintenance. LoveServers may temporarily suspend all service for the purpose of repair, maintenance or improvement of any of its systems, or whatever it deems necessary to maintain adequate services. However, LoveServers shall provide prior notice within 24 hours for all maintenance. Failure to provide prior notice on our part does fall under our SLA. Invalid rDNS records may be removed in our own discretion.
Bandwidth. LoveServers agrees that it shall maintain a minimum of 1Gbps connections to our servers. However, LoveServers does not guarantee any response rate or download speed beyond our control, as this is depending on Customer’s and End Users ISP connections. We do NOT guarantee a set internet speed to your server. We do recommend, however, that you take advantage of our network looking glasses, prior to placing your order with LoveServers. Your refund rights will be voided if you use more than 10% of your package's bandwidth quota. Your service will be suspended if it receives and or sends any DDoS attack. Service activation or termination after the suspension will be in our sole discretion. LoveServers does not guarantee that any IP address space will be globally accessible due to factors out of our control.
Security. The parties expressly recognize that it is impossible to maintain flawless security, therefore the customer is solely responsible for properly securing their hosting service provided by LoveServers including changing initial passwords and making any security adjustments and patches over time. Customer is solely responsible for any damage caused by such unauthorized access, and Customer indemnifies and holds LoveServers harmless for any compromise of Customer’s security that resulted from their own actions, the actions of LoveServers or the actions of any third party.
Privacy. Message and data encryption is possible on LoveServers, however Customer is solely responsible for encoding their web site, content, and data to conform with generally accepted encryption standards, and Customer indemnifies and holds LoveServers harmless for any compromise of Customer's encryption method. LoveServers respects the individual privacy of each user, however breaches in security and personal mistakes on the part of our employees do happen. You agree to indemnify and hold LoveServers harmless and blameless for any compromise of your personal, business, or private information in any form.
Refunds. Refunds are available for virtual private servers within 3 days from the signup date. Licenses and management services are not eligible for refunds. Raising a billing dispute or chargeback with our payment processors may result in instant service suspension or termination. Customers who knowingly breach terms of service relinquish their right for a refund.
PayPal Subscriptions. LoveServers is not responsible for the cancellation of PayPal subscriptions following the cancellation of a service contract. This is an action that must be carried out by the customer after the service cancellation has been confirmed. Failure to do so may result in additional payments being taken.
Miscellaneous. Failure by either Company (LoveServers) or Customer to enforce any of the provisions of this Agreement or any rights with respect hereto or the failure to exercise any option provided hereunder shall in no way be considered to be waiver of such provisions, rights or options, or to in any way affect the validity of this Agreement. If one or more of the provisions contained in this Agreement are found to be invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions shall not be affected. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.
Copyright. LoveServers is not responsible for copy-right infringements caused by what the Customer hosted on LoveServers's servers. Customers are to respond to any abuse, blacklist or DMCA reports within 48 hours or the service may be suspended.
Email Communication. All customers are subscribed to our email newsletters upon signing up. The customer may opt-out from the client area or by clicking the unsubscribe link embedded in each newsletter. Transactional, service-related, account-related, operational and notification emails will be sent regardless of the subscription status.
Pornographic Material. Pornographic material hosting is allowed on VPS Accounts. Hosting child pornography is NOT allowed and any client found to be doing so will be cancelled immediately upon discovery and reported to the proper authorities.
Suspension and Termination. LoveServers will suspend services after 2 days of non-payment. After 7 days of non-payment, services will be terminated along with all data, IP addresses and other information. Repeated failure to pay invoices with termination will lead to account termination and refusal of service.
Banned Services. All the following services are banned at LoveServers - running any of the below may result in immediate suspension of services:
- - Topsites
- - Anonymizers
- - Pirated Software/Warez
- - AutoSurf/PTC/PTS/PPC sites
- - IP Scanners
- - Bruteforce Programs/Scripts/Applications
- - Mail Bombers/Spam Scripts/Mailer Pro
- - Unsolicited e-mail activities
- - Link generator scripts for downloading from other file dump sites
- - Escrow/Bank Debentures
- - High-Yield Interest Programs (HYIP) or Related Sites
- - Investment Sites (FOREX, E-Gold Exchange, Second Life/Linden Exchange, Ponzi, MLM/Pyramid Scheme)
- - Sale of any controlled substance without prior proof of appropriate permit(s)
- - Prime Banks Programs
- - Hacker focused sites/archives/programs
- - Sites promoting illegal activities
- - Forums and/or websites that distribute or link to warez/pirated/illegal content
- - Bank Debentures/Bank Debenture Trading Programs
- - Fraudulent and/or Phishing Sites
- - Public Proxies / Public VPNs / TOR Exit
- - Video Encoding / Streaming
- - Virtual Currency Mining
- - DDoS-prone applications or booters / flood scripts