Legal Information: Terms of Service

The following Terms of Service describe the service that is offered, and the charges applied for those services. It describes the specific levels of service you will receive, along with any activities or actions which are prohibited.

PingVPS as the Supplier

PingVPS provides Virtual Private Servers (VPS) which are accessible via UDP and TCP/IP. The customer is responsible for all software and use of said software on the VPS. All parties entering into this contract must be at least 18 years of age. Our Virtual Private Servers are unmanaged and as such, the client is responsible for its use and administration. The client will be liable for any charges that come about from misuse or over usage.

IP addresses

You acknowledge that you have no right, title or interest in the IP address allocated to you, and that any IP address allocated to you is allocated as part of the services and is not portable or otherwise transferable by you in any manner whatsoever.

You agree that you will have no right, title or interest to the IP address upon termination of this agreement, and that the acquisition by you of a new IP address for your requirements, following termination of this agreement, shall be your exclusive responsibility.

Content

All services provided by PingVPS may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any UK law is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, or material protected by trade secret and other statue. The subscriber agrees to indemnify and hold harmless PingVPS from any claims resulting from the use of the service which damages the subscriber or any other party.

Pornography and sex-related merchandising are prohibited on any PingVPS server. This includes sites that may infer sexual content, or link to adult content elsewhere. This is also true for sites that promote any illegal activity or content that may be damaging to PingVPS servers or any other server on the internet. Links to such materials are also prohibited.
Examples of non-acceptable content or links

Pirated software
Bulk Email related products
Pornography/Nudity/Adult Content
Hacking/cracking related websites
Warez and/or copyrighted MP3s
Illegal material or material that is against public policy
Sites containing or linking to material that may be considered detrimental to the public health, safety, or welfare. (Such as, but not limited to: Anarchists Cookbook, bomb making, weapon information, or anything else that may be considered detrimental or illegal.)
Anonymous VPN/Proxying services
No form of IRC access is allowed including but not limited to running IRC servers, IRC clients, linking to IRC network, IRC Bots.

Copyright Violations

PingVPS will respond to all reports of infringement that are bought to our attention. Although DCMA notices are not held as law in the UK, we will still investigate them along with any other reports and if we find a client to be violating a copyright, we will take proportionate action.

System Resource Usage

If PingVPS’s system administration team determines that a customer’s server is utilising an unacceptable amount of system resources, PingVPS may temporarily deactivate the account in question. If PingVPS’s staff deems necessary, an notice may be sent to the customer informing them that they will have fourteen (14) days in which to either upgrade their resources to an appropriate level, or else to secure a new provider. This only occurs in extreme cases.

PingVPS will be the sole arbiter as to what constitutes a violation of this provision. Because of the nature of this provision, each account will be considered and analysed individually.

Backups

PingVPS Servers include a nightly backup service, however these backups are for PingVPS’s administrative purposes only, and are in NO WAY GUARANTEED! Customers are responsible for maintaining their own backups of their data. PingVPS does not provide any sort of compensation for lost or incomplete data in the event that backups do not function properly (even if the malfunction was due to negligence on PingVPS’s part). We will do our best to ensure complete and accurate backups, but assume no responsibility for this duty. Always back your site up! We make no guarantees about the availability of backups.

Support Abuse

At PingVPS, we always treat our customers with the utmost respect. In return, we expect the same from you. If our staff feels that you are consistently addressing them in a demeaning or rude manner, your server may be suspended and you may be asked to take your business elsewhere. In the event that we terminate service for support abuse, customers will be given fourteen (14) days notice to find a new host. A pro-rated refund may be issued on a case-by-case basis.

Unsolicited Email (SPAM)

SPAMing, or the sending of unsolicited email, from a PingVPS server or using a return email address that is maintained on a PingVPS server is STRICTLY prohibited.
Using SPAM to advertise a site hosted on PingVPS’s network also constitutes as a violation of this provision.
PingVPS will be the sole arbiter as to what constitutes a violation of this provision. Sites found to be in violation of our SPAM policies will be immediately deactivated and no refund will be issued.

Invoicing & Late Fees

Your contract with PingVPS lasts and renews for the length of your billing period. For example if you pay every month then your contract is a rolling 1 month contract. If you pay every 3 months, your contract is a rolling 3 month contract and so on.
PingVPS will invoice for all charges in a period with two early reminders beginning with the first 10 days prior to the due date.
A second reminder will be sent 5 days prior to the due date.

If payment is not completed on or before the due date, overdue reminders will be sent on the first and second days after the due date.

If payment still has not been completed by three days after the due date, a late fee of 25% or a minimum of £1 will be added to the total outstanding invoice amount and your services will be suspended.
In order to resume your services payment for all overdue invoices must be paid in full, and then the suspension will be lifted within 12hrs.
Under no circumstances will we unsuspend an account with overdue fees pending.

If after 14 days payment of all overdue fees has not been received by PingVPS in cleared funds, your service will automatically be terminated and your server completely removed from our network, along with all data therein.
This is an irreversible process.

Cancellation & Termination

You may terminate the service at any time on giving not less than one (1) days notice via Support Ticket at our Support Desk. All cancellations are processed on the same business day and any related services are removed within the same time frame. Refunds will not be issued unless PingVPS believes that their are appropriate grounds for a request.

PingVPS reserves the right to terminate your account, and any future business relation with you, for any suitable reason at any time via written notification.

Save as otherwise stated in these conditions to the contrary either party may terminate this agreement with immediate effect by written notice to the other party on or at any time after the occurrence of any of the following events:

- the other party being in breach of an obligation under this agreement and, if the breach is capable of remedy, failing to remedy the breach within 14 days after receipt of a written notice of the breach and requiring its remedy;
- the other party passing a resolution for winding up, a court of competent jurisdiction making an order for the other party’s winding up or the presentation of a petition for the other party’s winding up which is not dismissed within seven days (other than, in each case, for the purposes of solvent amalgamation or reconstruction where the entity resulting from the amalgamation or reconstruction effectively agrees to be bound by or assume the other party’s obligations under this agreement);
- the making of an administration order in relation to the other party or the appointment of a receiver over or an encumbrance taking possession of or selling an asset of the other party; or
- the other party making an arrangement or composition with his creditors generally or making an application to a court of competent jurisdiction for protection from his creditors generally; or
- any event occurs to either party which is analogous to the above in any jurisdiction in the world where either party trades resides or is domiciled.

Termination of this agreement for whatever reason shall not affect:

- the accrued rights and liabilities of the parties arising in any way out of this agreement as at the date of termination and in particular but without limitation the right to recover damages against the other; or
- provisions expressed to survive this agreement, which shall remain in full force and effect.

In the event of termination for whatever reason the Supplier shall not be obliged or required to issue any refunds. The Supplier reserves the right in its absolute discretion to grant refunds in the event that extraneous circumstances exist that the Supplier considers justify a refund. The Supplier shall be the sole arbiter of what constitutes extraneous circumstances and the amount of any refunds that the Supplier may consider appropriate.

Should you wish to cancel this service we must receive notice at least 1 (one) days prior to your next package billing renewal date. If your cancellation request is submitted less than 1 (one) days before this date, the monthly fees/invoice will be considered due and must be paid before we can accept cancellation. Cancellation will be processed immediately unless otherwise requested.
Cancellation requests need to be submitted via our Support Desk in a Support Ticket. No other forms of cancellation will be accepted.
Any violation of the AUP in regard to spamming/hacking done by yourself or one of your clients shall entitle the Supplier to impose a clean up fee in respect of each complaint in accordance with this table .

Also note that we understand that certain violations of the above terms can occur inadvertently, and even as a result of unauthorised access from some third party. We will do our best to weigh the merits of each individual case and act with common sense and an understanding of the technical and social implications of the situation.

SLA

Should you wish to make a claim it must be received within 2 days of the downtime and sent via email to This e-mail address is being protected from spambots. You need JavaScript enabled to view it
The claim will be held until then end of the calendar month at which time we will assess the overall server uptime and calculate the credit due to your account.

We will provide users with 99.9% uptime excluding planned maintenance.

We count uptime to be when the server your website is hosted on is accessible via IP address.
This SLA does not cover downtime due to mistakes on the clients behalf, due to account suspension or due to hardware failure.
Should this SLA be breached PingVPS will refund upto 50% of the monthly fees at a rate of 10% of the monthly fee for every .1% we are below this.

Any credits offered under the SLA will be credited to the clients PingVPS account.

Assignment

You shall not assign, transfer, or sub-contract the benefit and/or burden of this agreement, make it the subject matter of a trust or in any other manner make it over to any third party without the prior written consent of the Supplier, which consent shall not be unreasonably withheld.
The Supplier may assign, transfer, or sub-contract the benefit and/or burden of this agreement, make it the subject matter of a trust or in any other manner make it over to any third party.

Force majeure

‘An event of force majeure’ means, in relation to either party, an event or circumstance beyond the reasonable control of that party including (without limitation) any act of God, inclement weather, failure or shortage of power supplies, flood, drought, lightning or fire, strike, lock-out or trade dispute or labour disturbance, the act or omission of government, highway authorities or any telecommunications carrier, operator or administration or other competent authority, the act or omission of any Internet service provider, war, military operations, act of terrorism or riot, delay or failure in manufacture, production or supply by third parties of equipment or services.
The party suffering the event of force majeure shall not be deemed to be in breach of this agreement or otherwise liable to the other party for any delay in performance or any non-performance of any obligations under this agreement (and the time for performance shall be extended accordingly) if and to the extent that the delay or non-performance is due to an event of force majeure.
If the event of force majeure in question prevails for a continuous period in excess of 1 month after the date on which it began, the other party may give notice to the party suffering the event of force majeure terminating this agreement. The notice to terminate must specify the termination date, which must be not less than 7 clear days after the date on which the notice to terminate is given. Once a notice to terminate has been validly given, this agreement will terminate on the termination date set out in the notice.

Waiver

A waiver of any term, provision or condition of this agreement shall be effective only if given in writing and signed by the waiving party and then only in the instance and for the purpose for which it is given.
No failure or delay on the part of any party in exercising any right, power or privilege under this agreement shall operate as a waiver of it, nor shall any single or partial exercise of any right, power or privilege preclude any other or further exercise of it or the exercise of any other right, power or privilege.
No breach of any provision of this agreement shall be waived or discharged except with the express written consent of the parties.

Invalidity

If any provision of this agreement is or becomes invalid, illegal or unenforceable in any respect under the law of any jurisdiction, whether pursuant to any judgment or otherwise: - the validity, legality and enforceability under the law of that jurisdiction of any other provision; and - the validity, legality and enforceability under the law of any other jurisdiction of that or any other provision, shall not be affected or impaired in any way.
If any provision of this agreement is held to be void or declared illegal, invalid or unenforceable for any reason whatsoever, that provision shall be divisible from this agreement and shall be deemed to be deleted from it and the validity of the remaining provisions shall not be affected. If any such deletion materially affects the interpretation of this agreement, the parties shall use their best endeavours to negotiate in good faith with a view to agreeing a substitute provision as closely as possible reflecting the commercial intention of the parties.

Entire agreement

This agreement embodies and sets forth the entire agreement and understanding of the parties and supersedes all prior oral or written agreements, understandings or arrangements relating to the subject matter of this agreement. Neither party shall be entitled to rely on any agreement, understanding or arrangement not expressly set forth in this agreement save for any representation made fraudulently.
Unless otherwise expressly provided elsewhere in this agreement, this agreement may be varied only by a document signed by both of the parties.

Relationship of the parties

Neither this agreement nor any actions taken by either party constitute the formation of a partnership, joint venture or any other co-operative relationship. At all times the relationship shall remain that of supplier and customer.

Governing law and jurisdiction

This contract, any dispute or claim arising from it shall be dealt with in accordance with the law of England. Both parties agree that any dispute will be dealt with solely through the English law system, and only their judgments will be enforceable.

Exclusion of third party rights

The Contracts (Rights of Third Parties) Act 1999 does not apply to this agreement. No person other than the parties to this agreement shall have any rights under it, nor shall it be enforceable under that Act by any person other than the parties.