Terms of Service
Veesp reserves the right, at any time and from time to time, to amend or to modify these Terms of Service without prior notice to you, provided that if any such alterations constitute a material change to these Terms of Service, Veesp will notify you by posting an announcement on the Website, or via email. Amendments and modifications shall take effect immediately when posted on the Website. By continuing to access or use the Services after any such amendments or modifications, you agree to be bound by such amended or modified Terms of Service. For this reason, we encourage you to review the Terms of Service whenever you use the Services. If you do not agree to any change to these Terms of Services, then you must immediately stop using the Services.
SOME JURISDICTIONS HAVE CONSUMER PROTECTION AND OTHER LEGISLATION WHICH MAY APPLY TO THE SERVICES AND WHICH DO NOT ALLOW CERTAIN PROVISIONS SUCH AS LIMITATIONS OF LIABILITY AND EXCLUSION OF CERTAIN WARRANTIES, AMONG OTHERS. TO THE EXTENT THAT A LIMITATION, EXCLUSION, RESTRICTION OR OTHER PROVISION SET OUT BELOW IS SPECIFICALLY PROHIBITED BY APPLICABLE LAW, SUCH LIMITATION, EXCLUSION, RESTRICTION OR PROVISION MAY NOT APPLY TO YOU.
All services provided by Veesp are to be used for lawful purposes only. The Client agrees to indemnify and hold harmless Veesp, from any claims resulting from the Client’s use of Veesp’s services which damages the Client or any other party.
WHAT IS PROHIBITED:
Examples of prohibited usage of Veesp services for purpose of (but are not limited to):
- Spamming, i.e. sending of unsolicited email from any Veesp server or any server located on the Veesp network is STRICTLY prohibited. Veesp will be the sole arbiter as to what constitutes a violation of this provision. This also includes Opt-in Opt-out mail programs and mail that either directly or indirectly references a domain contained within an account at Veesp.
- Running Unconfirmed Mailing Lists. Subscribing email addresses to any mailing list without the express and verifiable permission of the email address owner is prohibited. All mailing lists run by Veesp customers must be Closed-loop (“Confirmed Opt-in”). The subscription confirmation message received from each address owner must be kept on file for the duration of the existence of the mailing list. Purchasing, selling, or utilizing lists of email addresses from 3rd parties for mailing to or from any Veesp hosted domain, or referencing any Veesp account, is prohibited.
- Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to violate this ToS or the AUP/ToS of any other Internet Service Provider, which includes, but is not limited to, the facilitation of the means to send Unsolicited Bulk Email, initiation of pinging, flooding, mail-bombing, text-bombing, unsolicited bulk text messaging or denial of service attacks is prohibited.
- Email address cultivating, or any unauthorized collecting of email addresses without prior notification of the email address owner is strictly prohibited.
- Operating an account on behalf of, or in connection with, or reselling any service to, persons or firms listed in the Spamhaus Register of Known Spam Operations (ROKSO) database at www.spamhaus.org is prohibited.
- All commercial email marketing companies must adhere to the Controlling the Assault of Non-Solicited Pornography And Marketing (CAN-SPAM) Act of 2003. In addition such companies are prohibited the sending of bulk mail from “disposable domain names” with whois privacy protection.
- Facilitation and utilization of software used for organizing open proxy.
- Virtual currency (cryptocurrency) mining (BitCoin, Ethereum, etc.).
- Hosting and distribution of copyrighted materials (including, but not limited to audio/video media, software, text and images) without owning the rights to it.
- Distribution and/or storage of any and all content forbidden by the corresponding legislation/jurisdiction in power of the chosen Veesp's data-center location.
- Taking part in denial of service attacks in any capacity.
- Attempts of gaining unauthorized access to third party services.
- Unauthorized use of third party services.
- Scanning third party services and/or network.
- Hosting and proliferation of phishing resources and materials related to phishing.
- Hosting and proliferation of malware.
- Running software without owning the appropriate license(s).
- Selling, distribution or advertising of counterfeit goods or services.
- Any activities falling under the definition of "Cybercrime".
Veesp will be the sole arbiter as to what constitutes a violation of this provision.
Examples of prohibited actions within Veesp infrastructure:
– Any attempts to undermine or cause harm to a Veesp infrastructure or Client of Veesp is strictly prohibited including, but not limited to:
- Logging into a server or account that you are not authorized to access
- Accessing data or taking any action to obtain services not intended for you or your use
- Attempting to probe, scan or test the vulnerability of any system, subsystem or network without the authorization of the owner
- Tampering, hacking, modifying, or otherwise corrupting or breaching security or authentication measures without proper authorization
- Transmitting material that contains viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines or engines with the intent or effect of damaging, destroying, disrupting or otherwise impairing a computer’s functionality or the operation of the System
- Interfering with, intercepting or expropriating any system, data or information
- Interfering with service to any user, host or network including, without limitation, by means of overloading, “flooding,” “mailbombing,” or “crashing” any computer system
- Misuse of system resources, such as, by employing programs that consume excessive network capacity, CPU cycles, or disk IO. Exact Veesp infrastructure limitations are listed in SLA and may vary depending on service type provided to Client.
Veesp will be the sole arbiter as to what constitutes a violation of this provision.
Examples of Advertising & Promotions Limitations for Veesp clients (but are not limited to):
In the following scenarios Veesp clients are prohibited from advertising, promoting or making claims related to services which are hosted upon infrastructure at Veesp. This limitation includes what is allowed to be stated on your website, to customers, in promotions and in advertising materials. This limitation applies to claims by the client which relate to services hosted by Veesp.
- Claims related to DDoS Mitigation or any related service including, but not limited to, proxy protection, denial of service protection, denial of service mitigation or DDoS or DoS services.
- Any illegal or unlawful activity
- Any services intended to defraud, scam, defame, coerce or entice others into an unlawful activities.
Veesp will be the sole arbiter as to what constitutes a violation of this provision.
CUSTOM ADMINISTRATING SERVICES:
Server Administration (Paid Service)
"Veesp offers administration on physical and virtual servers. With a specialized technical team, you will be able to support your server operation. Request assistance to perform server administration activities which fall out of the standard Veesp technical support scope."
- Any server administration services are provided only within the parameters described in the initial request.
- The service is considered to be delivered based on the success criteria set by the client.
- Veesp does not provide support to the server after the requested task has been deployed.
- Veesp can decline the server administration request at their own discretion.
- Veesp does not carry any responsibility for damages that might occur to other services, not directly correlated to the performed task.
- Veesp does not carry responsibility for prolonged or delayed completion of the agreed upon tasks, that was caused due to misinformation or lack of information provided by the customer.
- Customer must provide any software licenses if they are required to achieve the success criteria.
- Billable time will be calculated from the time when administrator begins to work on the task, until the success criteria is met, regardless of the types of tasks involved into achieving those criteria.
- If the administrator at hand is not able to finish the work all at once, he will inform the customer regarding the interruption and when the work will be resumed. This time will not be calculated as part of the final fee.
- Veesp will not provide support to services or software, or support activities that are in violation of Veesp's Terms of Service: ToS
- Veesp will require the 1st hour of work to be paid upfront before starting to work on the task. This requirement can be waved at Veesp's discretion.
- Server administration service is provided during our business hours (10:00-18:00 EET on weekdays) with a response first response time of no more than 60 minutes.
- Expedited administration service is available outside the business hours for an additional fee as set by terms and agreement under "remote hands/administration" service, given that Veesp administrators are available at the time.
Veesp support includes access to technical support provided via phone, ticket system and email.
Veesp’s technical support is strictly limited to the direct customer of Veesp and not to in-direct client. For example, a client of the Veesp Customer is not entitled to Support from Veesp and should at no time be given Account Access, Passwords, or Passphrases for Veesp’s Support. It is the obligation of the Veesp customer to ensure compliance with this policy.
Best Effort Support
Veesp will, when possible as a courtesy to its customers, provide Best Effort support on products, applications and 3rd party software that is not explicitly covered under the customers management contract. We provide support in English and Russian languages. Best Effort support means that when possible Veesp technicians will provide their best effort to help support our customers. Best Effort Support is not guaranteed and may vary dramatically. No warranties or guarantees are provided on Best Effort Support.
Back Up Copy
Customer agrees to maintain a current copy of all content hosted by Veesp notwithstanding any agreement by Veesp to provide back up services such as Acronis Backup.
Courtesy Services for Customers
All services such as backup are provided for the courtesy of the Client. It is the sole responsibility of the Client to maintain the Client’s own backup of any data. Veesp is not responsible for lost data or for lost data due to third party software that is not maintained by Veesp programming staff (CPanel or any other software listed in OS Template server configurator are not associated with Veesp).
Scheduled Maintenance and Downtime
Veesp will use its commercially reasonable efforts to provide services 24 hours a day, seven days a week. Client acknowledges that from time to time the services may be inaccessible or inoperable for various reasons, including periodic maintenance procedures or upgrades (“Scheduled Downtime”); or service malfunctions, and causes beyond Veesp’s control or which are not reasonably foreseeable by Veesp, including the interruption or failure of telecommunications or digital transmission links, hostile network attacks, or network congestion or other failures. Veesp will provide at least 72 hours advance notice to the Client for Scheduled Downtimes, and will use commercially reasonable efforts to minimize any other disruption, inaccessibility and/or inoperability of its web servers. Veesp has no responsibility for downtime resulting from a user’s actions.
ACCOUNT CREATION AND TERMINATION:
The Services are not targeted towards, nor intended for use by, anyone under the age of 13. By using the Services, you represent and warrant that you are 13 years of age or older. If you are under the age of 13, you may not, under any circumstances or for any reason, use the Services. We may, in our sole discretion, refuse to offer the Services to any person or entity and change its eligibility criteria at any time. You are solely responsible for ensuring that these Terms of Service are in compliance with all laws, rules and regulations applicable to you and the right to access the Services is revoked where these Terms of Service or use of the Services is prohibited or to the extent offering, sale or provision of the Services conflicts with any applicable law, rule or regulation. Further, the Services are offered only for your use, and not for the use or benefit of any third party.
To use the Service, you must register, or have previously established, an account within Veesp (an “Account”). Creation and use of Accounts are subject to the following terms and conditions:
When creating an Account, you are required to provide Veesp with certain accurate, valid and up to date information such as, but not limited to, your name, address, phone number, email address. For a private person the provided information should contain at least: full name of Account holder, address of residence, phone number and email address. For legal person it is required to provide: legal address, company registration number, phone number, email address and the full name of the Account holder entitled to operate it on the behalf of the company.
You are solely responsible for the activity that occurs on your Account, regardless of whether the activities are undertaken by you, your employees or a third party (including your contractors or agents), and for keeping your Account password secure.
You may never use another person's user account or registration information for the Services without permission.
The maximum number of Accounts that a private or a legal person may register within Veesp is limited to no more than one (1) Account.
It is your obligation to maintain the provided Account information up to date. Keeping your contact information up to date may be critical for the purpose of receiving Veesp's support as contemplated by SLA.
At any time, Veesp may request for a valid proof of the Account details you have provided, such proof as, but not limited to, a copy of your private ID or your company license and registration documents. Denial to comply or fact of providing false Account details may lead to your Account suspension and termination.
VEESP WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE AS A RESULT OF YOUR FAILURE TO PROVIDE US WITH ACCURATE INFORMATION OR TO KEEP YOUR ACCOUNT SECURE.
Password Security and Account Authorization
Veesp provides customers flexibility over their own passwords, account access and authorization procedures. Customers are responsible for selecting the appropriate authentication procedures and selecting the proper information which will be used to authenticate the account. It is the responsibility of the customer to protect the information used to authenticate their account. Account access, password security and server security are the responsibility of the customer. Veesp will not be liable for any damages, direct or indirect, that result from unauthorized account access, password compromise or hacking.
Veesp reserves the right, in our sole discretion, to terminate your access to all or any part of the Services at any time and terminate the Services, with or without notice, effective immediately, including but not limited to as a result of your violation of any of these Terms of Service or any law. Any such termination may result in the forfeiture and destruction of information associated with your Account. Veesp may provide prior notice of the intent to terminate Services to you if such notice will not, at Veesp’s discretion, run counter to the intents and purposes of these Terms of Service. Any fees paid hereunder are non-refundable and any fees owed to Veesp before such termination shall be immediately due and payable, including any liabilities that may have been incurred prior to termination such as Veesp’s costs for collection (including attorneys’ fees) of any such charges or other liabilities. Upon termination, any and all rights granted to Client by this Agreement will immediately be terminated, and Client shall promptly discontinue all use of the Services. If you wish to terminate your Account, you may do so by following the instructions written below in "Cancellation Procedure" paragraph. All provisions of these Terms of Service which by their nature should survive termination shall survive termination, including, without limitation, licenses of User Content, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Valid proof of account ownership will be required to terminate an account. This includes, but is not limited to, the billing password or an account passphrase created by customers. Non-secure information, such as the contact email address or account billing address, is not sufficient as a security verification. Customer may submit a cancellation request via help desk ticket (secure.veesp.com/clientarea). Veesp is not able to schedule cancellation requests. Customer is responsible for any fees incur for Services to customer if no formal cancellation request is submitted.
The account will be charged based on selected billing cycle for the service. Billing dates are recurring on the day the account was opened.
We will provide refunds on a case-by-case basis based on our SLA. In case of return of unused funds, the refund amount is equal to the amount of unused funds in the account, minus payment systems' transfer commission costs.
Any violation of Veesp’s Terms of Service Agreement shall result in no refund.
Credit Card Charge Backs
A credit card chargeback fee equivalent to payment systems' transfer commission costs plus €20 will be charged to any customer’s account for any chargeback received by their financial institution. The original charge amount and penalty fee must be paid immediately in order to guarantee that services will remain online and available. If a customer or anyone paying on the customer’s behalf has used a credit card to pay for services ending in 2 or more chargebacks, will result in credit card payment privileges being revoked (full payment will be due via money order or wire transfer). This fee will be waived and credit card payment privileges reinstated if the chargeback resulted in error, provided that supporting documentation is submitted. If a credit card was used to pay for more than one customer account resulting in multiple chargebacks, each account will be assessed the chargeback fee. Chargebacks received are reversed from the customer’s account, leaving the balance due and payable immediately. Outstanding balances are subject to the unpaid fees and delinquent accounts policy and may result in service suspension or account termination (if the account is terminated all information within the account will be deleted).
Automatic Payment Liabilities
When the client creates an automatic payment profile in order to pay for Veesp services automatically, the customer is responsible for the cancellation of this profile when he no longer wants to use this method of payment for Veesp services. Veesp is not responsible for processing or refund of the payment which was received for non-existent or disabled service. Please see full terms of the automatic payment service which apply when you subscribe to any of the Veesp services - Automatic Payment
Opening a Dispute with Payment System
Please note that Veesp reserves right to immediately terminate all related to dispute accounts and services without refund if we consider your opened dispute with the payment system about the refund of the money paid for Veesp services to be an abuse of the payment system (if the account is terminated all information within the account will be deleted).
Event of Default by Customer
(Disabling of services due to overdue payment). All invoices are generated 7 days prior to the date of payment. If the customer fails to pay an invoice within 3 days after the missed payment date of that invoice, Veesp reserves the right to disconnect service without further warning. If services are disconnected for non payment, customer must pay all past due charges up to the day of service disconnection in order to reconnect service.
Veesp’s Remedy upon Default; Termination
In addition to all rights and remedies granted to Veesp in this Terms of Service (including, but not limited to, the right to charge and collect Late Charges), upon the occurrence of an Event of Default, Veesp shall have the right
- to cease providing the Services to Customer without notice to Customer
- upon not less than (15) days, to terminate the Services provided to Customer, all at Customer’s cost and expense.
Upon such termination, Customer agrees to and shall immediately pay to Veesp all Fees and other amounts due and owing for Services provided through and including the effective date of termination.
Veesp is an international business acting under different jurisdictions/legislations, this means that:
SOME JURISDICTIONS HAVE CONSUMER PROTECTION AND OTHER LEGISLATION WHICH MAY APPLY TO THE SERVICES AND WHICH DO NOT ALLOW CERTAIN PROVISIONS SUCH AS LIMITATIONS OF LIABILITY AND EXCLUSION OF CERTAIN WARRANTIES, AMONG OTHERS. TO THE EXTENT THAT A LIMITATION, EXCLUSION, RESTRICTION OR OTHER PROVISION SET IN THESE TERMS OF SERVICE IS SPECIFICALLY PROHIBITED BY APPLICABLE LAW, SUCH LIMITATION, EXCLUSION, RESTRICTION OR PROVISION MAY NOT APPLY TO YOU.
In case Any dispute between Veesp and a Client are not settled by negotiations, they should be examined by the Arbitration Court in accordance with the effective Russian Federation legislation ( Veep's first data-center location), observing the rules of jurisdiction. Each party shall bear its own expenses and legal fees for the Arbitration Court. The court shall be conducted in Arbitration Court of St. Petersburg and Leningrad region, unless both parties agree in writing to a different location. Any threat of a lawsuit against Veesp can lead to an immediate shutdown of all provided to you services.
Customer agrees to indemnify and hold harmless Veesp, its subsidiaries, their affiliates and each of their respective directors, officers, employees, shareholders and agents (each an “Indemnified Party”) against any losses, claims, damages, liabilities, penalties, actions, proceedings, judgments, or any and all costs thereof (collectively, “Losses”) to which an Indemnified Party may become subject and which Losses arise out of, or relate to the Agreement, Customer’s use of the Products and Services, breach of any confidentiality obligation or any alleged infringement of any trademark, copyright, patent or other intellectual property right and will reimburse an Indemnified Party for all legal and other expenses, including reasonable attorneys’ fees incurred by such Indemnified Party, in connection with investigating, defending, or settling any Loss, whether or not in connection with pending or threatened litigation in which such Indemnified Party is a party.
Limitation of Damages or Liability
EXCEPT AS DESCRIBED IN THE SLA, VEESP SHALL NOT BE LIABLE TO CUSTOMER FOR HARM CAUSED BY OR RELATED TO CUSTOMER’S SERVICES OR INABILITY TO UTILIZE THE SERVICES UNLESS CAUSED BY WILLFUL MISCONDUCT. VEESP SHALL NOT BE LIABLE TO CUSTOMER FOR LOST PROFITS, INDIRECT, SPECIAL OR INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES. NOTHWITHSTANDING ANYTHING ELSE IN THIS TERMS OR SERVICE AGREEMENT, THE MAXIMUM AGGREGATE LIABILITY OF VEESP AND ANY OF ITS EMPLOYEES, AGENTS OR AFFILIATES, UNDER ANY THEORY OF LAW SHOULD NOT EXCEED THE AVERAGE MONTHLY FEES IT HAS COLLECTED ON THE ACCOUNT. EXCEPT AS OTHERWISE PROVIDED IN THIS TERMS OF SERVICE AGREEMENT, VEESP PROVIDES ALL PRODUCTS AND SERVICES “AS IS”, WITHOUT WARRANTY OR ANY KIND, WHETHER EXPRESS, OR IMPLIED AND DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OF FITNESS FOR A PARTICULAR PURPOSE. CUSTOMER SHALL BE SOLELY RESPONSIBLE FOR THE SELECTION, USE, AND SUITABILITY OF ANY PRODUCT AND SERVICE AND VEESP SHALL HAVE NO LIABILITY ASSOCIATED WITH THE FORGOING. CUSTOMERS ARE RESPONSIBLE FOR ENSURING SECURITY OF SERVERS.
Veesp may refer to You, Your company, or your logo’s for promotional purposes. Your company name, logos and the services that were provided to the customer by Veesp may be used in promotional materials, advertising, marketing releases, newsletter, public disclosures and on the Veesp website. This reference will be strictly limited to disclosure that Veesp has provided services to the company and will not contain any confidential, sensitive or proprietary information in such a reference. The reference will also not provide any personally identifiable information about the individual or technical information regarding the server configuration and design used by the customer at Veesp. However, Veesp may disclose any information requested by law enforcement or when compelled by court order, applicable laws or regulations.
Terms Of Service are subject to change without any prior notification. Content that does not meet these standards may be removed without prior notice to the Client.
These Terms of Service are a legally binding contract between the Client and Veesp.
By opening an account, the Client agrees to the above-stated terms.
Anything not listed in the Terms of Service is open to interpretation and change by Veesp administrators without prior notice.
Any violation of these Terms of Service will result in termination of the account. Veesp maintains the right to terminate accounts without prior notification.
Any work or professional services performed or provided by Veesp under this Agreement shall not be deemed as Work For Hire.
In the case that a customer is terminated for violating one or more of the Veesp Terms of Service, Veesp reserves the right to deny access to, and/or, destroy customer data stored on the offending server or account.
You will be held responsible for all actions performed by your account whether it be done by you or by others.
All sub-networks of Veesp and all dedicated servers must adhere to the above policies.
If you are aware of any Terms of Service breaches and/or are aware of copyright infringement or hosting of illegal content on servers hosted by Veesp, please report such cases to firstname.lastname@example.org
Veesp Terms of Service last updated: 7 September 2020