Terms of Services
Revision date: June 28, 2011

All services provided by SpotVPS ("SpotVPS") may be used for lawful purposes only. Transmission, storage or presentation of any information, data or material in violation of any United States federal, state or city 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 statute. The subscriber agrees to indemnify and hold harmless SpotVPS from any claims resulting from the use of service which damages the subscriber or any other party.

Prohibited are sites that promote any illegal activity or present content that may be damaging to SpotVPS' servers, or any other server on the Internet. Links to such materials are also prohibited. Please review our Acceptable Use Policy for more details on what is prohibited on our servers.

Examples of unacceptable content or links:

pirated software 
hacker programs or archives 
Warez sites

NOTICE: IF YOUR ACCOUNT IS FOUND TO CONTAIN ANY ILLEGAL ACTIVITY, ILLEGAL MP3 FILES, PIRATED SOFTWARE, HACKER PROGRAMS, WAREZ PROGRAMS, SPAM, OR ANY OTHER ILLEGAL FILES, YOUR ACCOUNT WILL BE TERMINATED IMMEDIATELY, WITHOUT NOTICE, AND A $50.00 CANCELLATION FEE WILL APPLY. ADDITIONALLY, SpotVPS WILL NOTIFY THE PROPER AUTHORITIES OF YOUR ACTIONS.

Traffic Usage
All account plans come with a predetermined amount of traffic allowance. We monitor all accounts and bill $1.00 for each gig of traffic exceeded. This amount is not prorated, meaning that 1 mb - 1 gig will be treated and billed as the same.

IRC
We currently do not allow IRC or IRC bots to be operated on our servers.

Email Spam
SpotVPS does not support spam. By default, we limit virtual private servers to 200 emails per day. In the event you need more, please submit a ticket to our administration department and we will increase the limit if justification is provided. We reserve the right to keep the limit the same. If you are found spamming, your account will be terminated immediately, without notice, and a $50.00 cancellation fee will apply.

Server Abuse
Any attempt to undermine or cause harm to a server or customer of SpotVPS is strictly prohibited. As our customer you are responsible for all your accounts. Should you violate the Terms of Services outlined within, your account will be cancelled without chance of refund.

Refusal of Service
We reserve the right to refuse, cancel or suspend service, at our sole discretion.

All sub-networks, distributive hosting sites and dedicated servers of SpotVPS must adhere to the above policies, with the exception of system resources in respect to dedicated servers.

Billing
The services need to be paid with a Paypal subscription or recurring credit card charges. An administrative fee of 2$ will be applied if the account uses other methods of payment that are not automated. By the Account Activation Date of each month, or yearly SpotVPSshall either:

(1) debit the client's credit card (when such information has been provided by the client); or

(2) deliver, by e-mail or regular mail, an invoice in accordance with the applicable Service Fees for services rendered for the current month. When an invoice is delivered to the client, payment shall be remitted to SpotVPS by no later than the specified payment due date. SpotVPS shall be entitled to immediately terminate this agreement for client's failure to make timely payments. You will be provided with an invoice on a monthly OR yearly basis. All credit cards are billed automatically on a monthly basis. It is the client's responsibility to ensure that they have sufficient credit to cover this transaction. In the event that there is insufficient credit, we will send an e-mail notification, at which point we will need to be provided with another credit card account number within 24 hours. If we do not receive a response within 24 hours, the account, and all accounts under that account plan, will be suspended. After three days of suspension, your account will be terminated.

Service Fees
Certain services carry a setup fee charged by SpotVPS to client, which must be paid by client in order to have use of said services. If client terminates this agreement, client shall be responsible for any and all outstanding fees owed to SpotVPS and agrees to pay any and all fees incurred by client. Because the services are provided on a monthly basis, the client will be responsible for service fees incurred each month, regardless of when client provides notice of termination. Thus, for example, if the client provides notice of termination on the 15th day of a particular month, the client will be responsible for service fees for the entire month, and such fees will not be pro-rated or refunded. 

Money back guarantee & refund policy
We do not generally refund cancelled contracts. For example, if your contract is quarterly and you request a refund after two months, no refunds will be admitted. No refunds are issued for setup charges, add-on charges, domain-registrations, add-on purchases, SSL certificates or overage charges. In case of AUP violations, any and all refunds are forfeit.


Technical support policy
Services are self managed . We offer Sales chat and sales technical support only.
This help is limited to getting your VPS up and running in the first day during provision.

Technical support can be contacted at any time afterwards but an administrative fee of 2$ will be applied for each ticket raised and work billed by the hour if exceeds 15 min. Failure to pay the invoice generated after contacting our technical support will imply the suspension of service even if has not reached the end of contract, with no rights to cancellation fees or refunds

Account Deactivations
Any account deactivated due to non-payment will require a reactivation fee of $20.00 prior to reactivation.

Cancellation Refunds
We DO NOT refund partial monthly fees to accounts. We require 30 days notice for a cancellation.

Refusal of Service
We reserve the right to refuse, cancel or suspend service, at our sole discretion.

Limitation of Liability
SpotVPS shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from SpotVPS ' servers going off-line or being unavailable for any reason whatsoever. Furthermore, SpotVPS shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any web site from one of SpotVPS ' servers. All damages shall be limited to the immediate termination of service.

Violations
Violations of these Acceptable Use Policies should be referred to sales@spotvps.com. All complaints will be investigated promptly. Failure to follow any term or condition will be grounds for immediate account deactivation.

Disclaimer
SpotVPS cannot be held liable for system down time, crashes or data loss. We cannot be held liable for any predicated estimate of profits which a client would have gained if their site was functioning. Certain services provided by SpotVPS are resold. Thus, certain equipment, routing, software and programming used by SpotVPS are not directly owned or written by SpotVPS. Moreover, SpotVPS holds no responsibility for the use of our clients' accounts. Failure to comply with any terms or conditions will result in the automatic deactivation of the account in question. We reserve the right to remove any account, without advance notice for any reason without restitution, as SpotVPS sees fit.

Account Activation
By activating your account with SpotVPS, you agree to the above policies and disclaimer. Upon requesting activation of an account, you are required to accept these policies, guidelines and disclaimer, and a copy of your acceptance is forwarded along with your activation request to be maintained with your account information.

NOTICE: If you sign up for an account and fail to comply with these terms, no refunds will be given. We will, however, advise you by e-mail or phone prior to taking any action to provide you with an opportunity to correct the problem.

Server Uptime Guarantee
Although SpotVPS has an excellent record for reliability, we do not offer an uptime guarantee. However, our network and servers are monitored continuously, and are rarely down except for scheduled maintenance and hardware and software upgrades.

SpotVPS reserves the right to amend any or all of the above policies, guidelines and disclaimer without notification. We also retain the right to increase any pricing and make changes to our account plans without notification.