VPS HOSTING TERMS & CONDITIONS
IMPORTANT NOTICE: All Payments To Creative Web Are Non-Refundable. Creative Web agrees to furnish services to the Subscriber, subject to the following TAC (Terms and Conditions). Use of our Service constitutes acceptance and agreement to Creative Web’s TAC. The Terms and Conditions may be changed from time to time at the discretion of our Company. Subscriber understands that change to the TAC by our Company shall not be grounds for early contract termination or non-payment.
- Hacking, Denial of Service, Sniffing and Spoofing
Creative Web do not permit any type of hacking, denial of service, distributed denial of service, sniffing, spoofing, password cracking or similar malicious activities to be performed on or by its services. Creative Web will remain the sole arbiter in what constitutes any of these activities. You acknowledge that participation in any of these activities will result in immediate termination without refund. Creative Web may involve law enforcement authorities if we deem necessary.
- Spam, Warez, Piracy, Phishing, Gambling, Crypto Currency Mining and Illegal Activities
Creative Web does NOT permit any of its services to be used for illegal purposes. These include but are not limited to spam, unsolicited commercial email, warez hosting, piracy, gambling, crypto currency mining and hacking related activities. We don’t allow collection of user information such as email addresses without the consent of the person identified (phishing). Use of the Services in connection with fraudulent activities Storage or transfer of, or linking to, content that violates trade secrets, copyrights, trademarks, patents, or other intellectual property rights, or contributes to the said violations Storage or transfer of, or linking to, content that is harassing or excessively violent, inciting to hate or violence, or threatening with violence.
Creative Web will remain the sole arbiter in what constitutes any of these illegal activities. You acknowledge that participation in any of these activities will result in immediate termination without refund. We may involve law enforcement authorities if we deem necessary.
If Creative Web discovers pornography on any services provided to You, your account will be immediately terminated. If it involves child pornography, your personal details will be passed to law enforcement authorities and we will assist fully with law enforcement authorities around the world to seek charges against You.
- Unmetered Bandwidth & Use of servers for bandwidth intensive purposes
Using our services to host applications that produce high bandwidth usage patterns is prohibited without the prior consent of Creative Web. We don’t allow using the Service to download or transmit torrents and running Plex or similar media server/service. Please contact us before signing up. Failure to contact us may result in your server being rate-limited or turned off.
- Tor, VPN or Proxy service
If you are running a Tor, VPN or Proxy service, you are responsible for the sub-users that connect to it. There is no way to tell the difference between abuse from a user and abuse from sub-users, so malicious activity from your sub-users will flag your account. This can lead to us suspending your account and destroying your virtual servers. Because of the risk to your account, we do not recommend running open services where any user can connect. While we do not restrict the software you choose to install, you are responsible for how it is used and how freely available you make the service.
- Disruptive Use of Services
The Customer may use, investigate, and modify the operating environment of the Services only within the limits of the user instructions. The Customer may not use the Services in any way that causes security risks to the Service or Creative Web infrastructure, or interferes with the operation of the Services or our infrastructure. For example, Creative Web considers the following actions to be disruptive on the operation of the Services/Creative Web infrastructure:
Intentional or careless use of the Services in excess of a typically expected server load, such as continuously high CPU or I/O use rate.
Intentional or careless use of the Services to host applications that produce high bandwidth usage patterns.
Intentional or careless configuration of servers that enables unauthorized third party access or otherwise lacks adequate security requirements.
- Service Level Agreement
This service level agreement (SLA) is an integral part of the Contract between Creative Web and the Customer.
Creative Web will guarantee 99.95% virtual server and network availability to the Customer. The network will be deemed available if Creative Web’s routers and switches are available and responding properly. For all unscheduled interruptions in the provision of the Services, which are due to hardware or telecommunications failures that last longer than 5 minutes, Creative Web shall offer compensation to the Customer.
Creative Web will notify the Customer by e-mail or on Creative Web’s website about scheduled interruptions in the provision of the Services at least 24 hours in advance, with the exception of important security updates and patches which Creative Web may deploy without prior notice.
In case of an interruption in the Services, the Customer has to notify Creative Web by support ticket or email. The interruption is deemed to begin when the failure starts to affect the Customer’s use of the Services, and to end when the failure has been corrected.
When a failure in the Services has been corrected, Customer may request compensation via a support ticket. The compensation will be paid to the Customer’s service account in the form of credits and may not be exchanged for cash or other forms of payment.
Amount of Compensation.
The amount of compensation will be as follows:
- 99.8% – 99.4% uptime = 5% credit
- 99.3% – 98.9% uptime = 10% credit
- 98.8% – 98% uptime = 15% credit
- 97% – 94% uptime = 25% credit
- Less than 94% uptime = 100% credit
The maximum amount of compensation for an individual interruption is 100% of Creative Web’s charges for the Services during 30 calendar days preceding the interruption.
The above-mentioned payment of compensation will be the sole remedy of the Customer for interruptions or other failures in the Services. In case of a disagreement over the amount of the compensation payable to the Customer, Creative Web’s decision on the issue will be binding and final.
Exemptions from Service Guarantee
The following situations will be exempted from Creative Web’s service guarantee:
- Scheduled interruptions
- Failures caused by errors in third party software utilized in the Services
- Failures in products or services which are not included in the Services
- Failures caused by the Customer’s actions contrary to user instructions or resulting from the Customer’s operating systems or application software used within the Services
- Violations of Creative Web’s Terms and Conditions
- Failures due to hostile actions by third parties such as denial-of-service attacks
- Interruptions resulting from law and public authority enforced activities
- Customer does not have sufficient pre-paid balance on the Customer’s service account for the use of the Services at the time of the interruption in the Services.
- No compensation will be payable to the Customer during a free-of-charge trial period.
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