All users of FireVPS’s services, and all customers upon signing up for FireVPS’s services, agree to comply with FireVPS’s Terms of Service (TOS). The spirit of this TOS is to ensure customers are using FireVPS’s services with due regard to the rights of other Internet users and in conformity with the requirements of FireVPS’s network environment. The TOS are not exhaustive, and FireVPS reserves the right to add, delete, or modify any provision of its TOS at any time without notice, effective upon either posting the modified TOS to www.firevps.net or notification of the modified TOS. Any complaints about a customer’s violation of the TOS must be sent to abuse@firevps.net. The TOS supersedes any other agreement with FireVPS, whether written, oral, by conduct, or otherwise.

All FireVPS Customer Terms of Service

The following Terms of Service apply to ALL FireVPS customers. FireVPS services include, but are not limited to:

1. Any act of preparing, setting up, connecting, maintaining, terminating, or reconnecting customers’ accounts — including all billing data and the space on the particular web server that FireVPS provides to customers.
2. Any use by customers, or any access provided to customers by FireVPS, of computing, telecommunications, software, information, hardware, and equipment.
3. Any act or provision of any service, by FireVPS to customers, related to web hosting and domain name registrations (including server usage and technical support), regardless of duration and whether paid for or not.
4. Any provision by FireVPS to customers of any space, internet connectivity, or electrical power
5. Any access or use related to FireVPS’s website, including FireVPS and related websites.
6. Any other service mentioned in the TOS.
7. Any other service provided by FireVPS to customers, whether used or not.

Fake Identity, Multiple Accounts with Different Identities:

Any registration with a fake identity, multiple account creation, or attempt to bypass our security measures is prohibited and results in the suspension/termination of your account. Should you require multiple accounts under different names with the same owner, contact us immediately to acquire the necessary permissions.

Ownership of Virtual Machines:

The legal owner of customers’ VMs, websites, and accounts with FireVPS will be the individual or organization whose name is listed in FireVPS’s database as the account owner. Customers will fully cooperate with and abide by any and all of FireVPS’s security measures and procedures in the event of any dispute over ownership of customers’ websites and accounts with FireVPS. Re-sell, rent, lend, lease, distribute, or share the Service (including on a “service bureau” basis), or otherwise provide third parties with access or grant third parties rights to the Service.

Indemnification:

FireVPS customers agree to protect, defend, hold harmless, and indemnify FireVPS, any third-party entity related to FireVPS (including, without limitation, third-party vendors), and FireVPS’s executives, directors, officers, attorneys, managers, employees, consultants, contractors, agents, parent companies, subsidiaries, and co-subsidiaries with the same parent company as FireVPS, from and against any and all liabilities, losses, costs, judgments, damages, claims, or causes of actions, including, without limitation, any and all legal fees and expenses, arising out of or resulting in any form the customer’s use of FireVPS’s services.

Disclaimer:

The FireVPS service is provided on an as-is, as-available basis without warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose, or non-infringement. FireVPS expressly disclaims any representation or warranty that the FireVPS service will be error-free, secure, or uninterrupted. No oral advice or written information given by FireVPS, its employees, licensors, or the like, will create a warranty; nor may you rely on any such information or advice. FireVPS and its partners and suppliers will not be liable for any cost or damage arising either directly or indirectly from any transaction or use of the service.

Termination for Bankruptcy or Insolvency:

If a customer becomes insolvent or any bankruptcy petition is filed by the customer or any third party against the customer, FireVPS may immediately terminate the provision of FireVPS`s services to the customer without prior notice or penalty. Such a customer consents to the grant of relief from any automatic stay of proceedings against FireVPS in such an event. Limitation of liability to the maximum extent permitted by applicable law, in no event, and under no theory of law or equity, will FireVPS (including, without limitation, FireVPS’s executives, directors, officers, attorneys, managers, employees, consultants, contractors, agents, parent companies, subsidiaries, co- subsidiaries with the same parent company as FireVPS, affiliates, third-party providers, merchants, licensors, or the like) or anyone else involved in creating, producing, or distributing FireVPS’s services, be liable for the loss of a domain name, or any business or personal loss, revenues decrease, expense increase, costs of substitute products and/or FireVPS services, or any other loss or damage whatsoever, or for any consequential, special, incidental, punitive or indirect damages of any kind arising out of any use of, or any inability to use, any FireVPS services even if FireVPS has been advised of the possibility of such damage. FireVPS’s total cumulative liability, if any, to the customer, or any third party, for any and all damages, related to the TOS or FireVPS’s services, including, without limitation, those from any negligence, any act or omission by FireVPS or FireVPS’s representatives, or under any other theory of law or equity, will be limited to, and will not exceed, the actual dollar amount paid by the customer for the services which gave rise to such damages, losses and causes of actions during the 3 – month period prior to the date the damage or loss occurred or the cause of action arose.

Modifications:

FireVPS may discontinue, upgrade, replace, modify, or change in any way, without limitation, any software, application, program, data, hardware, equipment, or portions or components thereof, used to provide customers with FireVPS’s services. Certain changes to FireVPS’s services may affect the operation of customers’ personalized applications and content. Each customer is solely responsible, and FireVPS is not liable, for any and all such personalized applications and content, except as expressly agreed to by FireVPS.

Data Backup:

Except where FireVPS has expressly agreed in writing to the contrary, customers are solely and entirely responsible, and FireVPS is in NO way responsible, for the management and backup of all customer data, and all updates, upgrades, and patches to any software that customers use in connection with FireVPS services. However, if the customer has subscribed to the daily data backup service with FireVPS, the backup will be kept for 30 days from the date of expiration of the service. Any claim regarding the data backup after the mentioned period will be null voided.

Third-Party Licenses:

FireVPS makes a reasonable effort to provide customers with technologies, developments, and innovations (collectively “Technologies”), part of which may be licensed, co-branded, from or by third-party entities. However, FireVPS makes NO warranty of any kind, either express or implied, regarding the quality, accuracy, reliability, validity, or continued existence of any or all aspects of such Technologies. Moreover, FireVPS specifically disclaims all warranties of merchantability and fitness for a particular purpose for such Technologies. Furthermore, no customer will hold FireVPS liable in any way for the revocation of any license, which has been licensed to FireVPS. The use of the Technologies obtained from or through FireVPS, or any other referred third party, whether directly or indirectly, is at the sole risk of customers.

Non-FireVPS Products:

Any mention of non-FireVPS products by FireVPS, its employees, or any third-party entity related to FireVPS is for information purposes only and does not constitute an endorsement or recommendation by FireVPS. FireVPS disclaims any and all liabilities for any representation or warranty made by the vendors of such non-FireVPS products or services.

FireVPS’s Intellectual Property:

Customers will not, without FireVPS’s express written consent, copy, reproduce, republish, or otherwise use any material, in whole or in part, that is located on FireVPS’s website, and customers will not use any of FireVPS’s trademarks, service marks, copyrighted materials, or other intellectual property without FireVPS’s express written consent. Customers will not, in any way, misrepresent their relationship with FireVPS, attempt to pass themselves off as FireVPS, or claim that customers are FireVPS.

Minimum Age Requirement:

Customers may not assign or delegate their rights or obligations under the TOS or other agreement for FireVPS’s services, either in whole or in part, without the prior written consent of FireVPS. FireVPS’s customers must be at least 18 years of age. Any individual under the age of 18 years (“Minor”) must have a parent or guardian accept the TOS in order for the Minor to become an FireVPS customer. A parent or guardian who accepts the TOS on behalf of a Minor will be primarily liable for ensuring complete and proper compliance with the TOS, including the timely and full payment of the charges for FireVPS services, and such primary liability will continue even when the Minor has attained the age of 18 unless the parent or guardian obtains FireVPS’s express written consent to the contrary. Any acceptance of the TOS or any other agreement for FireVPS’s services will be deemed null and void to the extent that FireVPS will not be liable in any way as a result of the Minor’s age or legal incapacity or the Minor’s use of FireVPS’s services.

Governing Law and Severability:

The TOS, and any other agreement for FireVPS services, will be governed by and construed in accordance with the laws of the State of Oregon, USA, without reference to its conflicts of laws principles. Any litigation or arbitration between a customer and FireVPS will take place in Oregon, and the customer will consent to personal jurisdiction and venue in that jurisdiction. If any provision or portion of the TOS or other FireVPS agreement is found by a court of competent jurisdiction to be unenforceable for any reason, the remainder of the TOS or the agreement will continue in full force and effect.

Delay in Performance:

FireVPS will not be liable for delays in its performance of the TOS or FireVPS services caused by circumstances beyond FireVPS’s reasonable control, including natural causes, wars, insurrection, civil commotions, riots, national disasters, earthquakes, strikes, fires, floods, water damage, explosions, shortages of labor or materials, labor disputes, transportation problems, accidents, embargoes, or governmental restrictions (collectively “Force Majeure”). FireVPS will make reasonable efforts to reduce to a minimum and mitigate the effect of any Force Majeure. Notwithstanding anything contained elsewhere herein, lack of finances will not be considered an event of Force Majeure nor will any event of Force Majeure suspend any obligation of customers for the payment of money due. Waiver and Amendment Any waiver, modification, or amendment of any provision of the TOS or other agreement for FireVPS services, initiated by a customer, will be effective only if accepted in writing and signed by an authorized representative of FireVPS.

Independent Contractors:

Nothing in this agreement will be construed as creating a partnership or relationship of employer and employee, principal and agent, partnership or joint venture between FireVPS and its customers. Each of FireVPS and its customers will be deemed an independent contractor at all times and will have no right or authority to assume or create any obligation on behalf of the other, except as may be expressly provided herein.

Acceptable Use Policy

All FireVPS users must adhere to FireVPS’s Acceptable Use Policies. The prohibited usage policies include, but are not limited to:

1. Illegal activities
2. Infringement of Intellectual Property
3. Spamming and Unsolicited Communications
4. Resource Abuse
5. Network Abuse
6. Prohibited Content
7. Phishing and Fraud
8. Account Reinstatement
9. Software Promotion
10. Prevention of Retaliation
11. Unauthorized Data Handling
12. Security Interference Prevention
13. Malicious Software

For detailed guidelines on permissible and prohibited activities, please refer to our Acceptable Use Policy

Privacy and Data Use

Our handling of personal information is outlined in the Privacy Policy. By using our services, you consent to the data practices described therein. The privacy policies include, but are not limited to:

1. User’s data/files are not accessed/used without the user’s consent
2. The default password given to the customer can be and should be changed by the user upon receiving it
3. Password reset is not performed without the user’s consent
4. The user’s personal data is not used for any purpose other than what the user has agreed to.
5. The daily data backup service uses secure data encryption to keep the data encrypted and it is only restored with the permission of the verified user.

For detailed privacy policy and data use, please refer to our Privacy Policy.

Actions Taken by FireVPS

The failure of a customer to meet or follow any of the TOS is grounds for account deactivation. FireVPS will be the sole arbiter as to what constitutes a violation of the TOS. FireVPS reserves the right to remove any account without prior notice and to refuse service to anyone at any time. When FireVPS becomes aware of an alleged violation of its TOS, FireVPS will initiate an investigation. During the investigation, FireVPS may restrict a customer’s access in order to prevent further potentially unauthorized activity. Depending on the severity of the violation, FireVPS may, at its sole discretion, restrict, suspend, or terminate a customer account and/or pursue other civil remedies. If such a violation is a criminal offense, FireVPS will notify the appropriate law enforcement authorities of such a violation. An unlisted activity may also be a violation of the TOS if it is illegal, irresponsible, or constitutes disruptive use of the Internet. FireVPS does not issue credits for outages incurred through service disablement resulting from TOS violations. Violators of the policy are responsible, without limitations, for the cost of labor to rectify any damage done to the operation of the network and business operations supported by the network and to respond to complaints incurred by FireVPS.

All FireVPS Customer Billing Policy

The following Terms of Service constitute FireVPS’s Billing Policy and apply to ALL FireVPS customers:

Payments:

All charges are shown in US Dollars. Payments are to be made in US dollars. FireVPS accepts Perfect Money, PayPal, and Cryptocurrency Exchange. Accounts that are one (1) day past due will be automatically suspended. All past due and unpaid balances are subject to collection. In the event of collection, you will be liable for costs of collection including attorney’s fees, court costs, and collection agency fees. Billing Cycles (Terms): FireVPS offers six Billing Cycles/policies (terms) for hosting charges: Monthly, Quarterly (3 months), Semi-Annually (6 months), Annually (12 months), Biennially (24 months) cycles, and Pay as You Go method.

Time-Based Subscription Method:

The Billing Cycle begins on the Plan Activation Date. You may elect to change your Billing Cycle at any time; however, the new Billing Cycle will only take effect at the starting time of the next plan renewal. All additional features added to an account are charged similarly to the chosen plan.

Pay as You Go (PAY-AS-YOU-GO) method:

In FireVPS’s Pay as You Go method; users are charged based on their instance’s lifetime instead of a billing cycle. FireVPS’s PAY-AS-YOU-GO is based on a pre-paid method in which users must add credit to their account which would be charged while the Instance is active.

Termination and Account Suspension:

We reserve the right to deactivate, terminate, prevent access to, disable services for, and/or delete any Accounts or access to the Websites and Services at any time at our sole discretion, including for nonpayment and late payment upon invoicing. Some of these conditions are from the following:
VPS Services:

• For all users, the VPS will get suspended by the end of the payment due date.
• For all users, the VPS will remain suspended for the following seven (7) days, unless payment is made.
• All user VPS will be automatically terminated after 168 hours (7 days) of non-payment.
  Terminated VPS cannot be recovered should any payments be received after termination.

Account Renewals

In order to ensure uninterrupted service to your website/VPS, all subscription-based plan’s invoice will be automatically generated fourteen (14) days before the end of the plan’s Billing Cycle. Plan renewal charges are based on the prevailing rate on the date of renewal according to the service selected. Plans are renewed for the same billing cycle. If you wish to cancel your plan before plan renewal, please refer to the Cancellation section below.

Delayed Renewals:

Make sure you will renew the subscription-based service before passing seven (7) days from the service’s due date. So, you can keep using the service for the next billing cycle. Otherwise, the service will be automatically terminated if you renew it after passing seven (7) days from the service’s due date. The termination process will be done by the platform automatically. This is a permanent action and we do not store any backups of terminated services due to the user’s privacy. For PAY-AS-YOU-GO service, the service will be stopped once the balance reaches zero. So, you need to make sure to keep sufficient balance in your account to enjoy uninterrupted service.

Cancellations:

In order to cancel services, you must use the “Cancel Account” from your client area. Please be aware that there are no refunds after the 7 days after the beginning of your Billing Cycle. Cancellation requests must be received by FireVPS a minimum of fourteen (14) days before the end of your Billing Cycle for all plans. Cancellations become effective on the day processed by FireVPS. FireVPS is unable to cancel your account effective for a future date. FireVPS will confirm the cancellation request when it is processed. If you do not receive a cancellation confirmation, please contact FireVPS as soon as possible. FireVPS does not monitor, and will not automatically cancel, plans for problems related to domain name transfers, non-usage, Inter NIC, your ISP, or any other secondary issues not directly related to FireVPS’s services. Cancellation of services does not relieve the customer from paying any outstanding balance owed on the account. FireVPS reserves the right to cancel any account, at any time, without notice, for any reason FireVPS considers appropriate.

Refund Policy:

If you are not satisfied with your service, you can get a full refund or exchange the service, within the first several days of your subscription. This includes 7 days after starting the billing cycle on monthly plans. The following terms will be applicable as our refund policies for unsatisfied customers:

• Refund is not applicable for services suspended due to violation of TOS.
• Refund is not applicable for domain/VPN/G-suite/OX App Suite or other non-FireVPS products.
• In the PAY-AS-YOU-GO method refund would take place on a pro-rata basis. It means that the refund only includes the unused paid amount and the time charged for active services is nonrefundable. FireVPS’s PAY-AS-YOU-GO refunding is a one-time opportunity and cannot apply to a single account multiple times.
• The refund will not include any free credits given to users.
• Users should manage their credits. FireVPS will NOT do any refund after the first 7 days. All unused credit will remain in the account balance for further purchases.

In exceptional cases, company authorities can dismiss these policies, and manual actions are needed to resolve the issue.

Billing/Price Changes:

FireVPS’s policies and prices are subject to change without notice. Any price changes applied will be effective in the next billing cycle/next monthly PAY-AS-YOU-GO invoice.

Affiliate Program:

FireVPS offers an affiliate program based on honesty and promoting our services to valuable visitors. You are not allowed to promote it for illegal/criminal uses, fake advertising (fake details to get the visitors clicking on it) or place it on coupon websites. We do have the right, at any time, to ask you to provide the exact details on how you promote our services, and we have the right to decline your request.

Contact Information

If you have any questions or concerns regarding these Terms of Service, please contact us support@firevps.net