VPSGuys ("The Company") agrees to furnish services to the Subscriber, subject to the following TOS (Terms of Service).

Use of VPSGuys Service constitutes acceptance and agreement to VPSGuys' AUP as well as VPSGuys' TOS (Terms of Service).

All provisions of this contract are subject to the TOS (Terms of Service) of VPSGuys and AUP (Acceptable Use Policy). The AUP may be changed from time to time at the discretion of the Company. Subscriber understands that change to the AUP by the Company shall not be grounds for early termination or non-payment.

This Agreement shall be construed in all respects in accordance with the laws of the state of Texas, county of Collin applicable to contracts enforceable in that state. Venue will be Collin County, Texas

Disclosure to Law Enforcement
The AUP specifically prohibits the use of our service for illegal activities. Therefore, Subscriber agrees that the Company may disclose any and all subscriber information including assigned IP numbers, account history, account use, etc. to any law enforcement agent who makes a written request without further consent or notification to the Subscriber. In addition VPSGuys shall have the right to terminate all service set forth in this Agreement.

Service Rates
Subscriber acknowledges that the nature of the service furnished and the initial rates and charges have been communicated to Subscriber. Subscriber is aware that the Company may prospectively change the specified rates and charges from time to time. The promotional offer is contingent upon Company achieving and maintaining its cost of service goals including but not limited to rates charged to company by its suppliers.

Payment
Establishment of this service is dependent upon receipt by the Company of payment of stated charges. Subsequent payments are due on the anniversary date of the month for that month's service. The above applies to all accounts and services provided by VPSGuys.

Payments and Fees
Service will be interrupted on accounts that reach two (2) days past due. Accounts not paid by due date are subject to a 10% late fee. Accounts that are not collectable by VPSGuys may be turned over to an outside collection agency for collection. If your account is turned over for collection, you agree to pay the company a "Processing and Collection" Fee of not less than $50 nor more than $150. If you desire to cancel your account, please follow the proper procedure to do this as outlined in this TOS.

Failure to Pay
The Company 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. End customers affected by a resellers failure to pay their dues, will be able to contact VPSGuys and receive service directly only after the servers have been cancelled.

Account Cancellation
All requests for cancelling accounts must be made via the cancellation area with at least 3 days prior notice.

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

Support Boundaries
VPSGuys provides technical support to our subscribers at all times. We limit our technical support to our area of expertise. The following is our guidelines when providing support: VPSGuys provides support related to your server or virtual site physical functioning. VPSGuys does not offer technical support for application specific issues such as cgi programming, html or any other such issue. VPSGuys does not provide technical support for YOUR customers. Lastly, the Help files in the program you are using may have the answer to your question so please do investigate these resources before contacting technical support.

Spam
Anyone hosting websites or services on their server that support spammers or cause any of our IP space to be listed in any of the various Spam Databases will have their server immediately removed from our network. The server will not be reconnected until such time that you agree to remove ANY and ALL traces of the offending material immediately upon reconnection and agree to allow us access to the server to confirm that all material has been COMPLETELY removed. Severe violations may result in immediate and permanent removal of the server from our network without notice to the customer. Users found to be conducting unsolicited mass mailing will be fined an additional $300USD. Any server guilty of a second violation WILL be immediately and permanently removed from our network without notice.

IRC
IRC activity linked to any major IRC network is forbidden within our services.

Complaints
Any activity that results in a legitimate complaint will result in immediate de-activation of the server. User agrees to allow access to the server to the VPSGuys staff so that they can verify what the root of the problem is. Any installed software found, which sole purpose is to scan ports, spider e-mail addresses, abuse proxies, or any other activity which resulted in the complaint, will be reason for immediate account cancellation.

Network

IP Address Ownership
If VPSGuys assigns Customer an Internet Protocol address for Customer's use, the right to use that Internet Protocol address shall belong only to VPSGuys, and Customer shall have no right to use that Internet Protocol address except as permitted by VPSGuys in its sole discretion in connection with the Services, during the term of this Agreement. VPSGuys shall maintain and control ownership of all Internet Protocol numbers and addresses that may be assigned to Customer by VPSGuys, and VPSGuys reserves the right to change or remove any and all such Internet Protocol numbers and addresses, in its sole and absolute discretion. Our allocation of IP addresses is limited by ARIN's new policies. These new policies state that use of IP addresses for IP based virtual hosts will not be accepted as justification for new IP addresses. What this means to you is that you MUST use name-based hosting where possible. We will periodically review IP address usage, and if we find that clients are using IP addresses where name-based hosting could be used, we will revoke authorisation to use those IP addresses that could be used with name-based hosting.

Bandwidth and Disk Usage
Customer agrees that bandwidth and disk usage shall not exceed the number of megabytes per month for the Services ordered by Customer on the Order Form (the "Agreed Usage"). VPSGuys will monitor Customer's bandwidth and disk usage. VPSGuys shall have the right to take corrective action if Customer's bandwidth or disk usage exceeds the Agreed Usage. Such corrective action may include the assessment of additional charges, disconnection or discontinuance of any and all Services, or termination of this Agreement, which actions may be taken is in VPSGuys sole and absolute discretion. If VPSGuys takes any corrective action under this section, Customer shall not be entitled to a refund of any fees paid in advance prior to such action. In the event that a customer exceeds the included allocation, VPSGuys may, at its sole discretion, collect a deposit, in an amount determined by VPSGuys, against customer's credit card on file with VPSGuys.

System and Network Security
Users are prohibited from violating or attempting to violate the security of the VPSGuys Network. Violations of system or network security may result in civil or criminal liability. VPSGuys will investigate occurrences, which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations. These violations include, without limitation:

Accessing data not intended for such User or logging into a server or account, which such User is not authorised to access.
Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorisation.
Attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, "flooding", "mail bombing" or "crashing".
Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.
Taking any action in order to obtain services to which such User is not entitled.

VPSGuys reserves the right to amend its policies at any time. All Sub-Networks, resellers and unmanaged servers of VPSGuys 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.

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

Miscellaneous Provisions
You must provide us with, and keep current, good contact information for you. E-mail, fax, and telephone contacts are used, in that order of preference.

A waiver by the Company of any breach of any provision of this Agreement by Subscriber shall not operate as or be construed as a continuing or subsequent waiver thereof or as a waiver of any breach of any other provision thereof.

Subscriber shall not transfer or assign this Agreement without the prior written consent of the Company. Company may assign Agreement at any time without consent from or notice to Subscriber. Company reserves the right to cancel customer’s rights under this contract at any time without further obligation.

VPSGuys takes no responsibility for any material input by others and not posted to the VPSGuys Network by VPSGuys. VPSGuys is not responsible for the content of any other websites linked to the VPSGuys Network; links are provided as Internet navigation tools only. VPSGuys disclaims any responsibility for any such inappropriate use and any liability to any person or party for any other person or party's violation of this policy.

VPSGuys is not responsible for any damages your business may suffer. VPSGuys does not make implied or written warranties for any of our services. VPSGuys denies any warranty or merchantability for a specific purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by VPSGuys.

Responsibility for Content
You, as VPSGuys customer, are solely responsible for the content stored on and served by your VPSGuys server.