Where the content states: “We” includes Sco VPS Hosting or any party acting on Sco VPS Hosting’s implicit instructions. “You” includes the person purchasing the services or any party acting on the customer's instructions. “Member” includes the purchaser of services or any party acting on the purchaser's instructions. “The Registrant” includes the person applying for a domain name or any party acting on the Registrant's instructions. “The Registry” refers to the relevant domain names Registry. “Server” means the computer server equipment in connection with the provision of the Services. “Website” means the area on the Server allocated by us to you for use by you as a site on the Internet. “TOS” includes this agreement.
Sco VPS Hosting reserves the right to modify this policy at any time, effective immediately upon posting of the modification to this URL. In consideration of the mutual covenants herein, the parties agree to the following, which shall apply during the term of this agreement:
1.0 Service Availability
1.1 We shall use our reasonable endeavors to make available to you at all times the Server and the Services but we shall not, in any event, be liable for interruptions of Service or down-time of the Server.
1.2 We shall have the right to suspend the Services at any time and for any reason, generally without notice, but if such suspension lasts or is expected to last for more than 7 days you will be notified of the reason. As a reseller or sub-client, it is your responsibility to take care of backup for sites that may be yours or ones under you. We also reserve the right to disallow services/hosting to any client as we feel necessary and hold no liability.
1.3 The Services provided to you hereunder and your account with us cannot be transferred or used by anyone other than you. No more than one log-in session under any one account may be used at any time by you. If you have multiple accounts, you are limited to one login session per system account at any time; user programs may be run only during log-in sessions. If your account is found to have been transferred to another party, or shows other activity in breach of this sub clause, we shall have the right to cancel the account and terminate the Services and/or this Agreement immediately.
2.1 All charges payable by you for the Services shall be in accordance with the scale of charges and rates published from time to time by us on our website and shall be due and payable in advance of our service provision. We reserve the right to change pricing at any time although all pricing is guaranteed for the period of pre-payment.
2.2 Payment is due each anniversary month, quarter or year following the date the Services were established until closure notice is given. If you choose to pay by credit or debit card you authorize Sco VPS Hosting to debit your account renewal fees from your card.
2.3 All payments must be in BTC or Paypal.PayPal payments must originate from verified PayPal account. BTC payments are accepted via the Coinbase gateway and are not eligible for refunds.
2.4 Without prejudice to our other rights and remedies under this Agreement, if any sum payable is not paid on or before the due date, we shall be entitled forthwith to suspend the provision of Services to you.
2.5 Managing subscription payments is the responsibility of the buyer.
2.6 Overpayments resulting in account credit are non-refundable.
3.1 If you fail to pay any sums due to us as they fall due, we may suspend the Services and/or terminate this Agreement forthwith without notice to you.
3.2 If you break any of these terms and conditions we may suspend the Services and/or terminate this Agreement forthwith without notice to you.
3.3 If you are a company and you go into insolvent liquidation or suffer the appointment of an administrator or administrative receiver or enter into a voluntary arrangement with your creditors, we shall be entitled to suspend the Services and/or terminate this Agreement forthwith without notice to you.
3.4 No refunds will be made for Services suspended in accordance with 3.1, 3.2 and 3.3.
3.5 We reserve the right to suspend the Services and/or terminate this Agreement at any time. In the event of this You will a be entitled pro rata refund based upon the remaining period of membership.
3.6 You may cancel the Services at any time by logging into the Ticket Desk Support System (for verification) and requesting cancellation of services.
3.7 During the first three (3) days of Services, You are entitled to a refund of fees paid with the exclusion of domain name registration, dedicated server (either VPS or physical dedicated server), data transfer fees, and excessive support requests should you decide to cancel the Services for just cause. Sco VPS Hosting shall be the sole arbitrator as to the validity of your claim of just cause. And will subtract the aforementioned fees from any monies due you.
3.7.1 During the first fourteen (14) days of service you are entitled to a full, no questions asked refund excluding as set forth in sections 3.7, 3.7.2, 3.7.3, and 9.5; as well as exclusions listed in section 2 above. For the remaining time your refund will be prorated and factored at the full discretion of Sco VPS Hosting.
3.7.2 Partner Plans (Resellers) are eligible for above refund minus usage fees; if such use has been deemed excessive at the discretion of Sco VPS Hosting. Such accounts are often more resource intensive than standard shared hosting accounts and, therefore, do not qualify under our standard 30 day guarantee details.
3.7.3 You will not be entitled to a refund on these basis if you have previously had an account with Sco VPS Hosting under any plan or service.
3.7.4 Allow thirty (30) days for refund payments to process. If you have not received refund within this time allotment; please contact us.
3.8 Where payment has been made by credit or debit card, any refund will only be issued to the same credit or debit card.
3.9 On termination of this Agreement or suspension of the Services we shall be entitled immediately to block your Website and to remove all data located on it.
4.1 You shall indemnify us and keep us indemnified and hold us harmless from and against any breach by you of these terms of business and any claim brought against us by a third party resulting from the provision of Services by us to you and your use of the Services and the Server including, without limitation, all claims, actions, proceedings, losses, liabilities, damages, costs, expenses (including reasonable legal costs and expenses), howsoever suffered or incurred by us in consequences of your breach or non-observance of this Agreement.
5.0 Limitation of Liability
5.1 All conditions, terms, representations and warranties relating to the Services supplied under this Agreement, whether imposed by statute or operation of law or otherwise, that are not expressly stated in these terms and conditions including, without limitation, the implied warranty of satisfactory quality and fitness for a particular purpose are hereby excluded, subject always to sub clause.
5.2 Nothing in these terms and conditions shall exclude our liability for death or personal injury resulting from our negligence.
5.3 Our total aggregate liability to you for any claim in contract, tort, negligence or otherwise arising out of or in connection with the provision of the Services shall be limited to the charges paid by you in respect of the Services which are the subject of any such claim.
5.4 In any event no claim shall be brought unless you have notified us of the claim within one year of it arising.
5.5 In no event shall we be liable to you for any loss of business, contracts, profits or anticipated savings or for any other indirect or consequential or economic loss whatsoever.
5.6 You are responsible for monitoring Bandwidth and Disk space usage of your site. This is easily done from your Control Panel. If you go over the amount indicated in your current plan; you will assessed a surcharge as set forth in our pricing structure.
5.7 Resellers are responsible for their sub-accounts. This includes both VPS resellers and WHM resellers. If a sub account attracts a service fine due to an Acceptable Use Policy violation, the main reseller may still be charged. Abuse fines may be waived at the sole discretion of Sco VPS Hosting.
6.1 Any notice to be given by either party to the other may be sent by either email, fax or recorded delivery to the address of the other party as appearing in this Agreement or ancillary application forms or such other address as such party may from time to time have communicated to the other in writing, and if sent by email shall unless the contrary is proved be deemed to be received on the day it was sent or if sent by fax shall be deemed to be served on receipt of an error free transmission report, or if sent by recorded delivery shall be deemed to be served two days following the date of posting.
7.1 On our site you will find links to all the information to get your website up and running. All information pertaining to your account should have been included in the Welcome Letter you received when we created your account. If you did not receive a welcome letter email, please contact our Support Team. There are several reasons an email may not reach you; first and foremost is if the domain you have contracted services for is the same domain your welcome email was sent to.
7.2 The support feature of our service at present time consists of our Support System solving server related problems only.
7.2.1 If you require support for your scripting, there are several online tutorials available we can help you find. You may purchase our technicians' services at the rate of €80 per hour, with one half hour minimum billed. We reserve the right to wave this fee at any time.
7.3 Support can only be addressed in English through our Support System.
7.4 All Support requests are to be processed through our Support System. Any other request for support, except as noted in Section 9.5, will be considered a breach of our TOS.
7.6 In the event of a server outage or other such emergency, you are free to contact us in any manner.
8.1 Headings are included in this Agreement for convenience only and shall not affect the construction or interpretation of this Agreement.
9.0 Torturous Conduct
9.1 No one shall post defamatory, scandalous, or private information about a person without their consent, intentionally inflicting emotional distress, or violating trademarks, copyrights, or other intellectual property rights.
9.2 Any abuse towards any Sco VPS Hosting employee will not be tolerated. You are expected to request and respond to support and other issues in a professional manner. When emailing Sco VPS Hosting or utilizing the Ticket Desk Support System, refrain from using caps, exclamation points, and other forms of written yelling. Any cursing, yelling, or further intentional disruptive behavior aimed at Sco VPS Hosting or it's employees shall be considered a violation of this TOS.
9.3 Any threat; whether verbally, orally, written, or delivered by second parties directed towards Sco VPS Hosting or any of it's employees, partners, equipment, and concerns shall be construed as a violation of this TOS.
9.4 Any conduct viewed as violating this section shall be considered a violation of this TOS. Sco VPS Hosting will be the sole arbitrator in regards to what is deemed a violation.
9.5 No refunds shall be given when the contents of this section necessitates removal of the account.
10.0 Cancellation of Services
10.1 You may cancel the Services at any time by logging into the Ticket Desk Support System (for verification) and requesting cancellation of services.
11.0 Entire Agreement
11.1 These terms and conditions together with any documents expressly referred to in them, contain the entire Agreement between us relating to the subject matter covered and supersede any previous Agreements, arrangements, undertakings or proposals, written or oral: between us in relation to such matters. No oral explanation or oral information given by any party shall alter the interpretation of these terms and conditions. In agreeing to these terms and conditions, you have not relied on any representation other than those expressly stated in these terms and conditions and you agree that you shall have no remedy in respect of any misrepresentation which has not been made expressly in this Agreement.
11.2 Sco VPS Hosting reserves the right to amend these TOS at any time.
11.3 It is your responsibility to check these Terms of Service on occasion for any such amendments.
12.0 Acceptable Use
12.1 We do not allow hosting or distribution of malicious files, targeted harassment towards individuals (invasion of privacy, including websites based around racism), outbound network attacks (DoS), copyright or trademark infringement, piracy (including server license cracking, i.e. Teamspeak servers, forum software), tor exit nodes, fraud, phishing, gambling/lottery sites, unsolicited e-mail spam, malicious network scanning, public proxy or VPN services, cryptocurrency mining and other forms of resource abuse that may cause harm to other clients. We do not impose hard limits on server load, however if a client server is causing high load on a host system your server may be restarted or suspended until the client can look into the problem. If you're on a shared service (virtual private servers or game servers), you may not utilize 100% of allocates cores for an extended period of time, dependent upon the average load on the system at the time. We do not impose hard load limits, so if you have software that may occasionally use more than average it usually perfectly fine. If you run software that requires high CPU usage on a constant or unusual basis, please contact us beforehand. CPU cores allocated to virtual machines are not dedicated physical cores. "vCPU" is an allocated core/thread on a server for the client virtual machine.
12.2 Sco VPS Hosting defines resource abuse as any type of usage that negatively and significantly affects clients on other containers, virtual machines, or within the network. Denial of Service attacks are considered resource abuse.
12.4 Cryptocurrency node and masternode hosting is acceptable, but mining is prohibited. TOR exit nodes (except when used for cryptocurrency node connections), Torrenting (except private torrenting) are prohibited. Hack tools, including but not limited to host enumeration, vulnerability scanning, etc. are prohibited. Phishing sites are prohibited.
12.5 We allow all content that is legal. Any customer who receives a copyright notice will have 24 hours to respond to the notice. If, after 24 hours, no reply is made or the offending content is still within the Sco VPS Hosting network, the service will be suspended until Sco VPS Hosting is contacted. After the copyright is resolved the service is re-activation. Abuse after three occasions will result in service discontinuation and account termination.
13.0 Payment Chargebacks
13.1 Credit card chargebacks and payment disputes are prohibited and may result in termination or suspension of your service without warning. Chargebacks or disputes will disqualify the client from receiving a refund for any payments, and may prohibit future ordering. If you have an issue with a payment, contact billing for a solution.
Terms of Service last edited: May 05, 2019