This agreement between AFFORDABLE VIRTUAL SERVERS™️("AFFORDABLE VIRTUAL SERVERS"), and you ("You," "Your" or "Customer") consists of (a) these Terms of Service, (b) the Additional Terms (as defined below) and (c) any AFFORDABLE VIRTUAL SERVERS Order Form (as defined below), if applicable (collectively, this "Agreement"). This Agreement governs Your use of the AFFORDABLE VIRTUAL SERVERS (as defined below).
BY EXECUTING AN AFFORDABLE VIRTUAL SERVERS ORDER FORM, CREATING AN ACCOUNT (AS DEFINED BELOW), USING AFFORDABLE VIRTUAL SERVERS OR OTHERWISE INDICATING YOUR ACCEPTANCE OF THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOU ARE LAWFULLY ABLE TO ENTER INTO THIS AGREEMENT, HAVE READ THIS AGREEMENT AND ARE BOUND BY THIS AGREEMENT, AND YOU HEREBY AGREE TO THE TERMS OF THIS AGREEMENT. IF YOU ARE AN INDIVIDUAL ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU HEREBY REPRESENT AND WARRANT TO AFFORDABLE VIRTUAL SERVERS THAT YOU ARE AUTHORIZED TO ENTER INTO THIS AGREEMENT ON BEHALF OF CUSTOMER AND BIND CUSTOMER TO THE TERMS AND CONDITIONS CONTAINED IN THIS AGREEMENT, IN WHICH CASE, THE TERM “CUSTOMER” WILL REFER TO SUCH ENTITY. IF YOU DO NOT ACCEPT ALL THE TERMS AND CONDITIONS IN THIS AGREEMENT OR ARE NOT AN AUTHORIZED AGENT FOR CUSTOMER, DO NOT EXECUTE AN AFFORDABLE VIRTUAL SERVERS ORDER FORM, CREATE AN ACCOUNT OR OTHERWISE USE THE AFFORDABLE VIRTUAL SERVERS SERVICES.
Customer may gain access to the AFFORDABLE VIRTUAL SERVERS by (a) executing an AFFORDABLE VIRTUAL SERVERS Order Form or (b) creating an online account here (an "Account"), which includes and requires clicking a box indicating Customer's acceptance of this Agreement. If Customer elects to purchase access to the AFFORDABLE VIRTUAL SERVERS through Customer’s Account, Customer will, among other things, select the following from the options presented: (i) the applicable AFFORDABLE VIRTUAL SERVERS; (ii) the Service Term (as defined below); and (iii) a payment plan and method.
AFFORDABLE VIRTUAL SERVERS reserves the right, at any time and from time to time, to update, revise, supplement, and otherwise modify this Agreement (including the Additional Terms) and to impose new or additional rules, policies, terms, or conditions on Your use of the AFFORDABLE VIRTUAL SERVERS. AFFORDABLE VIRTUAL SERVERS will communicate changes to this Agreement by posting the new version of this Agreement on its website here or as otherwise determined by AFFORDABLE VIRTUAL SERVERS in its sole discretion, at which time such updated Agreement will be immediately effective. Your continued use of any AFFORDABLE VIRTUAL SERVERS Services after such notification of changes to this Agreement will constitute Your acceptance of any and all such changes. Notwithstanding the foregoing, AFFORDABLE VIRTUAL SERVERS will notify You of any material changes to this Agreement.DEFINITIONS
"Applicable Law" means all applicable laws, regulations, ordinances, rules, codes and orders of governmental authorities having jurisdiction over AFFORDABLE VIRTUAL SERVERS and Customer.
"Content Data" means all applications, files, data, information or other content uploaded to or published, displayed or backed up through the AFFORDABLE VIRTUAL SERVERS Services by Customers, Users or AFFORDABLE VIRTUAL SERVERS (when acting upon Customer's instructions as part of an AFFORDABLE VIRTUAL SERVERS), excluding Usage Data.
"Documentation" means written, published information accessible here as updated from time to time.
"Fees" means the prices Customer agrees to pay to access and use the AFFORDABLE VIRTUAL SERVERS Services inclusive of any discounts or promotional pricing provided.
"Infringement Claim" means any third party claim that the use by Customer solely of the AFFORDABLE VIRTUAL SERVERS Services, as used as contemplated in this Agreement, infringes any patent, trademark or copyright of a third party, or misappropriates a trade secret (but only to the extent that the misappropriation is not a result of Customer’s actions) under the laws of the United States.
"Intellectual Property Rights" means copyrights (including, without limitation, the exclusive right to use, reproduce, modify, distribute, publicly display and publicly perform the copyrighted work), trademark rights (including, without limitation, trade names, trademarks, service marks, and trade dress), patent rights (including, without limitation, the exclusive right to make, use and sell), trade secrets, moral rights, right of publicity, authors’ rights, contract and licensing rights, goodwill and all other intellectual property rights as may exist now and/or hereafter come into existence and all renewals and extensions thereof, regardless of whether such rights arise under the law of the United States or any other state, country or jurisdiction.
"Login Credentials" means any user IDs, passwords, authentication keys or security credentials that enable Customer's access to and management of the AFFORDABLE VIRTUAL SERVERS Services.
"AFFORDABLE VIRTUAL SERVERS Order Form" means a written ordering document executed by an authorized representative of each of AFFORDABLE VIRTUAL SERVERS and Customer that incorporates these Terms of Service by reference. The AFFORDABLE VIRTUAL SERVERS Order Form will specify the AFFORDABLE VIRTUAL SERVERS that Customer is purchasing, payment obligations related thereto and the duration of the Service Term.
"AFFORDABLE VIRTUAL SERVERS Partner" means a third party reseller or distributor authorized by AFFORDABLE VIRTUAL SERVERS to sell AFFORDABLE VIRTUAL SERVERS.
"AFFORDABLE VIRTUAL SERVERS" means AFFORDABLE VIRTUAL SERVERS's, a current list of which is located here.
"Service Specific Terms" means the additional terms that govern specific AFFORDABLE VIRTUAL SERVERS, which are located here.
"Service Term" means the Initial Service Term (as defined below) plus any Renewal Term(s) (as defined below).
"Support" means the support services provided by or on behalf of AFFORDABLE VIRTUAL SERVERS for the applicable AFFORDABLE VIRTUAL SERVERS purchased by Customer pursuant to an AFFORDABLE VIRTUAL SERVERS Order Form or through Customer’s Account, which are described in the Support Policies.
"Support Policies" means the statement of support, service level agreements and any other support policies for AFFORDABLE VIRTUAL SERVERS located here.
"Third Party Product" means any non-AFFORDABLE VIRTUAL SERVERS-branded products and (including hardware) and non-AFFORDABLE VIRTUAL SERVERS-licensed software products.
"Updates" means any updates, enhancements, modifications, improvements, patches and/or upgrades to any AFFORDABLE VIRTUAL SERVERS that AFFORDABLE VIRTUAL SERVERS generally makes available to its customers for no additional charge.
"Usage Data" means any and all information reflecting the access or use of the AFFORDABLE VIRTUAL SERVERS by or on behalf of Users, including, but not limited to, visit-, session-, or stream-data and any statistical or other analysis, information or data based on or derived from any of the foregoing.
"Users" means any users that access Your content or that use the AFFORDABLE VIRTUAL SERVERS under Customer's Login Credentials.
ACCESS TO AFFORDABLE VIRTUAL SERVERS SERVICES EVALUATION. If You access the AFFORDABLE VIRTUAL SERVERS on an evaluation or beta basis (the "Evaluation Service"), then You may use the Evaluation Service only for evaluation purposes and for a period of thirty (30) calendar days, beginning on the date AFFORDABLE VIRTUAL SERVERS provides Customer with Login Credentials, unless otherwise specified in writing by AFFORDABLE VIRTUAL SERVERS (the "Evaluation Period"). Notwithstanding any other provision of this Agreement, AFFORDABLE VIRTUAL SERVERS provides the Evaluation Service (i) free of charge and without Support and (ii) "AS IS" without indemnification or warranty of any kind but without prejudice to the statutory rights of consumers based in the EU. The Support Policies do not apply to the Evaluation Service. Also, certain features or described in the Service Specific Terms may not be available for the Evaluation Service. Continued use of the AFFORDABLE VIRTUAL SERVERS Services after the Evaluation Period requires that Customer (A) register for the applicable AFFORDABLE VIRTUAL SERVERS Services through Customer's Account or by executing an AFFORDABLE VIRTUAL SERVERS Order Form and (B) submit the applicable payment. Upon expiration of the Evaluation Period, You will not have access to the Evaluation Service or to any Content Data therein.
ACCESS TO AFFORDABLE VIRTUAL SERVERS SERVICES. Customer may access and use the AFFORDABLE VIRTUAL SERVERS Services for which it has registered (via an AFFORDABLE VIRTUAL SERVERS Order Form or through Customer's Account) solely for its own benefit and only in accordance with this Agreement. As a condition to using the AFFORDABLE VIRTUAL SERVERS Services, Customer must set up an authorized Account with Login Credentials. Customer will provide accurate and complete information in its Account and will update its information as necessary to keep it current. For purposes of fraud prevention, AFFORDABLE VIRTUAL SERVERS may require Customer to provide documentation verifying their identity and payment information. Failure to provide accurate information in response to such a request will result in the cancellation of Customer's order(s) and immediate termination of Customer’s Account. Customer may manage its Account through the AFFORDABLE VIRTUAL SERVERS portal available here. Customer is solely responsible for the security of its and its Users' Login Credentials. Customer will ensure that its Users do not share Login Credentials with others. Customer is responsible for any use that occurs under its Login Credentials, including any activities by Users. If Customer believes an unauthorized person has gained access to Login Credentials, Customer will notify AFFORDABLE VIRTUAL SERVERS as soon as possible by contacting Customer Support via chat, phone or by email directed at email@example.com. Customer will ensure that Users comply with all terms and conditions of this Agreement and Customer remains responsible and liable for the acts and omissions of the Users. If Customer becomes aware of any violation by any User, Customer will immediately terminate that User’s access to Content Data.
UPDATES TO AFFORDABLE VIRTUAL SERVERS SERVICES. AFFORDABLE VIRTUAL SERVERS may change the AFFORDABLE VIRTUAL SERVERS Services at any time, and may add, modify or discontinue references, ranges, options or features, as well as upgrade performance of AFFORDABLE VIRTUAL SERVERS Services. Notwithstanding the foregoing, modifications to Third Party Products and urgent changes to the AFFORDABLE VIRTUAL SERVERS Services in response to security risks, or legal or regulatory compliance updates may result in immediate modifications to the AFFORDABLE VIRTUAL SERVERS Services. In the case of an update that substantially degrades existing AFFORDABLE VIRTUAL SERVERS Services in use by Customer (removal of functionality, performance downgrade, etc.), Customer may terminate the relevant AFFORDABLE VIRTUAL SERVERS by notifying the AFFORDABLE VIRTUAL SERVERS Customer Support Team, within thirty (30) calendar days from the date the relevant update is implemented.
END OF LIFE. In the event that any AFFORDABLE VIRTUAL SERVERS Service reaches end-of-life, AFFORDABLE VIRTUAL SERVERS will attempt to notify You at least thirty (30) calendar days in advance of the end-of-life date (the "EOL Date"). Customer is responsible for migrating to a new AFFORDABLE VIRTUAL SERVERS Service before the EOL Date or otherwise cease using said AFFORDABLE VIRTUAL SERVERS Service before the EOL Date. Following the EOL Date, AFFORDABLE VIRTUAL SERVERS will either offer a comparable AFFORDABLE VIRTUAL SERVERS Service for You to migrate to for the remainder of your Service Term, a pro-rated credit or a prorated refund, to be determined by AFFORDABLE VIRTUAL SERVERS at its sole discretion.
SUPPORT. Subject to the terms and conditions of this Agreement, AFFORDABLE VIRTUAL SERVERS will provide support to Customer for the AFFORDABLE VIRTUAL SERVERS Services in accordance with the then applicable Support Policy. Customer acknowledges that AFFORDABLE VIRTUAL SERVERS is not responsible for technical issues that cannot be identified as being primarily caused by the AFFORDABLE VIRTUAL SERVERS Services.
PURCHASES AND PRICING. Customer may purchase the right to access and use the AFFORDABLE VIRTUAL SERVERS Services by (i) registering for the applicable AFFORDABLE VIRTUAL SERVERS Services through Customer's Account, or (ii) executing an AFFORDABLE VIRTUAL SERVERS Order Form. AFFORDABLE VIRTUAL SERVERS offers different types of rates depending on the type of AFFORDABLE VIRTUAL SERVERS Service (monthly flat-rate, yearly flat-rate, metered-usage, etc.). These rates may be linked to a commitment to a particular period of use and/or a specific method of invoicing. Purchase of the AFFORDABLE VIRTUAL SERVERS Services includes access to any applicable Support during the Service Term. The provisioning time for AFFORDABLE VIRTUAL SERVERS may vary depending on the AFFORDABLE VIRTUAL SERVERS ordered. Some AFFORDABLE VIRTUAL SERVERS are made available only upon receipt by AFFORDABLE VIRTUAL SERVERS of payment from Customer in advance for the relevant AFFORDABLE VIRTUAL SERVERS. It is the responsibility of Customer to ensure the delivery terms for the ordered AFFORDABLE VIRTUAL SERVERS meets Customer's needs.
PAYMENT METHOD. Customer will pay AFFORDABLE VIRTUAL SERVERS in accordance with the payment method identified in Customer's Account or in an AFFORDABLE VIRTUAL SERVERS Order Form, as applicable. Payment method options may include payment (i) by credit card or (ii) via eCheck/ACH, as applicable. If Customer makes an automatic payment arrangement, AFFORDABLE VIRTUAL SERVERS will provide Customer with a writing or its electronic equivalent describing the terms of such automatic payment arrangement. To use this automatic payment arrangement, Customer agrees to receive the terms of such authorization electronically as set forth herein. Customer also agrees that its electronic acceptance of the terms of such authorizations will constitute valid and binding electronic signature that will have the same force and effect as a handwritten signature by Customer. Customer will provide true, complete and accurate information with respect to the applicable method of payment and agrees to promptly contact AFFORDABLE VIRTUAL SERVERS and to otherwise update Customer's Account if any such information needs to be updated. Customer will ensure that Customer has sufficient funds or credit (as applicable) associated with the selected method of payment. Customer understands that the amounts charged or debited may vary and that this authorization will remain in effect until the expiration or termination of this Agreement. If an ACH payment is returned from the applicable bank account for insufficient or uncollected funds or for erroneous information, AFFORDABLE VIRTUAL SERVERS may reinitiate the returned ACH debit to the applicable bank account. Any amounts owed to AFFORDABLE VIRTUAL SERVERS that cannot be collected by ACH debit may be charged to any backup credit card on file for Customer.
PURCHASE ORDER. Customer may elect to issue a purchase order to AFFORDABLE VIRTUAL SERVERS or an AFFORDABLE VIRTUAL SERVERS Partner, as applicable, by indicating its preference to do so on the applicable AFFORDABLE VIRTUAL SERVERS Order Form. If Customer so elects to issue a purchase order, Customer must issue such purchase order to AFFORDABLE VIRTUAL SERVERS or an AFFORDABLE VIRTUAL SERVERS Partner within five (5) business days from the Effective Date of any AFFORDABLE VIRTUAL SERVERS Order Form, or AFFORDABLE VIRTUAL SERVERS shall have the option to cancel the AFFORDABLE VIRTUAL SERVERS Order Form and its terms shall be null and void. Any additional or conflicting terms contained in any Customer purchase order, proposal or other document shall be deemed to be rejected by AFFORDABLE VIRTUAL SERVERS without need of further notice of objection, even if such document is acknowledged or accepted by AFFORDABLE VIRTUAL SERVERS, and regardless of any statement to the contrary which may be contained therein, and shall be of no effect or in any way binding upon AFFORDABLE VIRTUAL SERVERS.
PAYMENT TERMS. Customers who choose to pay by credit card shall be charged on behalf of AFFORDABLE VIRTUAL SERVERS on or about the date Customer is invoiced by AFFORDABLE VIRTUAL SERVERS for the AFFORDABLE VIRTUAL SERVERS purchased. Subject to a successful credit check initiated by AFFORDABLE VIRTUAL SERVERS, Customers that pay by eCheck or ACH will pay all invoices issued by AFFORDABLE VIRTUAL SERVERS within thirty (30) calendar days of the date of the invoice or as otherwise set forth in an applicable AFFORDABLE VIRTUAL SERVERS Order Form. Notwithstanding the foregoing, if Customer has arranged for payment by credit card, AFFORDABLE VIRTUAL SERVERS may charge Customer's card on or after the invoice date. Except as otherwise provided in this Agreement or as otherwise provided by Applicable Law, all Fees are non-cancelable and non-refundable. Unless otherwise set forth in the Service Specific Terms, all monthly or prepaid Fees will be due in advance and all Fees based on actual metered usage of an AFFORDABLE VIRTUAL SERVERS Service will be due in arrears. If any payment is delinquent (including if payment is late due to a credit card chargeback or insufficient funds), AFFORDABLE VIRTUAL SERVERS may, without limiting any remedies available to AFFORDABLE VIRTUAL SERVERS: (i) terminate this Agreement and/or any applicable AFFORDABLE VIRTUAL SERVERS Order Form; or (ii) suspend performance of or access to the applicable AFFORDABLE VIRTUAL SERVERS , until payment is made current. Customer will pay interest on all delinquent amounts at the lesser of 1.5% per month or the maximum rate permitted by Applicable Law. If AFFORDABLE VIRTUAL SERVERS terminates this Agreement for non-payment, the Fees for the remainder of the Service Term shall be due immediately. All Fees are exclusive of all sales, use, excise, value added, withholding and other taxes, and all customs duties and tariffs now or hereafter claimed or imposed by any governmental authority upon the AFFORDABLE VIRTUAL SERVERS Services will be paid by Customer. AFFORDABLE VIRTUAL SERVERS reserves the right to increase prices for AFFORDABLE VIRTUAL SERVERS Services at any time, although increases in prices for AFFORDABLE VIRTUAL SERVERS Services will not go into effect until the next renewal of the Service Term. Upon commencement of any Renewal Term, unless otherwise provided in the terms of an applicable promotion or provided in an AFFORDABLE VIRTUAL SERVERS Order, any promotional pricing or discounts shall automatically discontinue, and Customer shall be charged the rates for the AFFORDABLE VIRTUAL SERVERS Services posted on the AFFORDABLE VIRTUAL SERVERS website or detailed in the applicable AFFORDABLE VIRTUAL SERVERS Order Form. If Customer purchases through an AFFORDABLE VIRTUAL SERVERS Partner, all fees and other procurement and delivery terms will be agreed between Customer and the applicable AFFORDABLE VIRTUAL SERVERS Partner. EXCEPT AS REQUIRED BY APPLICABLE LAW OR AS EXPRESSLY SET FORTH IN THIS AGREEMENT, AFFORDABLE VIRTUAL SERVERS IS NOT OBLIGATED TO REFUND ANY FEES OR OTHER PAYMENTS ALREADY PAID, AND ANY CANCELLATION BY CUSTOMER WILL TAKE PLACE AT THE END OF THE APPLICABLE SERVICE TERM.
INVOICE DISPUTES. If the parties determine that certain billing inaccuracies are attributable to AFFORDABLE VIRTUAL SERVERS, AFFORDABLE VIRTUAL SERVERS will apply credit to Customer's Account. To the fullest extent permitted by law, Customer waives all claims relating to Fees unless claimed within sixty (60) calendar days after being invoiced by AFFORDABLE VIRTUAL SERVERS.
EU CONSUMER POLICY. If You are a consumer based in the EU, You have the right to cancel this Agreement within fourteen (14) calendar days of the date on which You requested the AFFORDABLE VIRTUAL SERVERS Services, without giving any reason. To exercise Your right to cancel, You must notify AFFORDABLE VIRTUAL SERVERS of Your decision to cancel this Agreement by contacting Customer Support via AFFORDABLE VIRTUAL SERVERS Control Panel or email directed to firstname.lastname@example.org. To meet the fourteen (14) calendar day deadline provided above, it is sufficient for You to send Your notification concerning the exercise of the right to cancel before the cancellation period has expired. If You cancel this Agreement, we will reimburse to You all payments received from You without undue delay and not later than fourteen (14) calendar days from the day on which we are informed about Your decision to cancel the Agreement. We will make the reimbursement using the same means of payment as You used for the initial transaction, unless You have expressly agreed otherwise; in any event, You will not incur any fees as a result of the reimbursement. If You are a consumer based in the EU and You have agreed to the AFFORDABLE VIRTUAL SERVERS Services commencing immediately, You will be required to pay a pro-rated amount of the Fees applicable to the AFFORDABLE VIRTUAL SERVERS Services You have requested based on the initial Fees You have paid for the AFFORDABLE VIRTUAL SERVERS Services and the date on which You exercise Your statutory right to cancel the Agreement.