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TERMS OF SERVICE

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IMPORTANT NOTICE: *All Payments To Servercheap.NET Are Non-Refundable*

Servercheap.NET ("Servercheap") agrees to furnish services to the Subscriber, subject to the following TOS (Terms of Service). Use of Servercheap Service constitutes acceptance and agreement to Servercheap's AUP as well as Servercheap's TOS (Terms of Service). All provisions of this contract are subject to the TOS (Terms of Service) of Servercheap and AUP (acceptable use policy). The AUP may be changed from time to time at the discretion of the Company. Subscriber understands that change to the AUP by the Company shall not be grounds for early contract termination or non-payment. This Agreement shall be construed in all respects in accordance with the laws of the state of Illinois, Cook County applicable to contracts enforceable in that state. Venue will be Cook County, Illinois

1. Disclosure: The AUP specifically prohibits the use of our service for illegal activities. Therefore, Subscriber agrees that the Company may disclose any and all subscriber information including assigned IP numbers, account history, account use, etc. to any law enforcement agent who makes a written request without further consent or notification to the Subscriber. In addition Servercheap shall have the right to terminate all service set forth in this Agreement.

2. Service Rates: Subscriber acknowledges that the nature of the service furnished and the initial rates and charges have been communicated to Subscriber. Subscriber is aware that the Company may prospectively change the specified rates and charges from time to time. Promotional offers are contingent upon Company achieving and maintaining its cost of service goals including but not limited to rates charged to company by its suppliers.

3. Payment: Establishment of this service is dependent upon receipt by the Company of payment of stated charges. Subsequent payments are due on the anniversary date of the month for that month's service. Subscriber agrees that Servercheap may automatically charges subscriber’s credit card every month. Servercheap reserves the right to process client credit cards from 1 to 5 days before the actual due date to ensure that the funds are received by the due date.

4. Payments and Fees: Credit cards that are declined for any reason are subject to a $0.20 declination fee. Service will be interrupted on accounts that reach 3 days past due.

5. Refund and Disputes: All payments to Servercheap are nonrefundable. This includes the one time setup fee and subsequent charges regardless of usage. All overcharges or billing disputes must be reported within 30 days of the time the dispute occurred. If you dispute a charge to your credit card issuer or payment supplier that, in Servercheap's sole discretion is a valid charge under the provisions of the TOS and /or AUP, you agree to pay Servercheap an "Administrative Fee" of $25, and all active services will be terminated.

6. Failure to Pay: Servercheap may temporarily deny service or terminate this Agreement upon the failure of Subscriber to pay charges when due. Such termination or denial will not relieve Subscriber of responsibility for the payment of all accrued charges, plus reasonable interest and any collection fees.

7. Account Cancellation: All requests for canceling accounts must be made via helpdesk ticket at least 7 days prior to due date. You must have all account information to cancel.

8. Service Interruptions: Subscriber acknowledges that the service provided is of such a nature that service can be interrupted for many reasons. Therefore, subscriber agrees that the company shall not be liable for any damages. In no event shall the company be liable for any special or consequential damages, loss or injury.

9. Invoicing: Servercheap does send out invoices automatically at least 7 days prior to due date.

10. Datacenter public access: Public access to Servercheap datacenter is allowed to existing colocation clients only. All visits must be scheduled at least 72 hours prior to the visit. Guided tours are allowed only during regular business hours Monday to Friday. Local clients who need emergency access to their server have to contact our tech support and announce their arrival at least 120 minutes prior to the visit. Existing clients who wish to access the datacenter agree to pay any related charges such as security pass, property pass or assistance of our employees. Existing client agrees to submit their photo ID for our records prior to initial visit of our datacenter.

11. Support Boundaries: Servercheap, provides 24 x 7 technical support to our subscribers via web-based helpdesk (except for few holidays and short company meetings when we close our center.) All servers housed at our facility are unmanaged, Servercheap only ensures that the server is online and is remotely accessible. Servercheap does not offer tech support for application specific issues such as cgi programming, html or any other such issue. Servercheap does not provide technical support for your customers.

12. SPAM and Unsolicited Commercial Email (UCE): Servercheap takes a zero tolerance approach to the sending of Unsolicited Commercial Email (UCE) or SPAM over our network. Very simply this means that customers of Servercheap may not use or permit others to use our network to transact in UCE. Customers of Servercheap may not host, or permit hosting of, sites or information that is advertised by UCE from other networks. Violations of this policy will result in penalties or termination of service.

a) Violation of Servercheap's SPAM policy will result in severe penalties. Upon notification of an alleged violation of our SPAM policy, Servercheap will initiate an immediate investigation (within 24 hours of notification). During the investigation, Servercheap may restrict customer access to the network to prevent further violations. If a customer is found to be in violation of our SPAM policy, Servercheap may, at its sole discretion, restrict, suspend or terminate customer's account. Further, Servercheap reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. Servercheap will notify law enforcement officials if the violation is believed to be a criminal offense.

b) First violations of this policy will result in an "Administrative Fee" of $50 and your account will be reviewed for possible immediate termination. A second violation will result in an "Administrative Fee" of $100 and immediate termination of your account. Users who violate this policy agree that in addition to these "Administrative" penalties, they will pay "Research Fees" not to exceed $175 per hour that Servercheap personnel must spend to investigate the matter. PLEASE, DO NOT SPAM from your account.

c) As our Customers are ultimately responsible for the actions of their clients over the Servercheap network, it is advisable that Customers develop a similar, or stricter, policy for their clients.

IMPORTANT NOTICE
Anyone hosting websites or services on their server that support spammers or cause any of our IP space to be listed in any of the various Spam Databases will have their server immediately removed from our network. The server will not be reconnected until such time that you agree to remove ANY and ALL traces of the offending material immediately upon reconnection and agree to allow us access to the server to confirm that all material has been COMPLETELY removed. Severe violations may result in immediate and permanent removal of the server from our network without notice to the customer. Any server guilty of a second violation WILL be immediately and permanently removed from our network without notice.

13. Network:

a) IP Address Ownership: If Servercheap assigns Customer an Internet Protocol address for Customer's use, the right to use that Internet Protocol address shall belong only to Servercheap, and Customer shall have no right to use that Internet Protocol address except as permitted by Servercheap in its sole discretion in connection with the Services, during the term of this Agreement. Servercheap shall maintain and control ownership of all Internet Protocol numbers and addresses that may be assigned to Customer by Servercheap, and Servercheap reserves the right to change or remove any and all such Internet Protocol numbers and addresses, in its sole and absolute discretion. All IPs that are allocated to client must be utilized within 48 hours. If allocated IPs are not utilized within this time frame Servercheap reserves the right to retract IPs that are not being utilized without notifying the client

b) Bandwidth Usage. Servercheap will monitor Customer's bandwidth. Servercheap shall have the right to take corrective action if Customer's usage negatively impacts other clients.

c) Second Violation: Users that Servercheap determines to have committed a second violation of any element of this Acceptable Use Policy shall be subject to immediate suspension or termination of service without further notice.

d) System and Network Security: Users are prohibited from violating or attempting to violate the security of the Servercheap Network. Violations of system or network security may result in civil or criminal liability. Servercheap will investigate occurrences, which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations. These violations include, without limitation:

i. Accessing data not intended for such User or logging into a server or account, which such User is not authorized to access.
ii. Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization.
iii. Attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, "flooding", "mail bombing" or "crashing".
iv. Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.
v. Taking any action in order to obtain services to which such User is not entitled.

14. Notification of Violation:

a) Servercheap is under no duty to look at each customer's or user's activities to determine if a violation of the AUP has occurred, nor do we assume any responsibility through our AUP to monitor or police Internet-related activities.
b) First violation: Any User, which Servercheap determines to have violated any element of this Acceptable Use Policy, shall receive an email, warning them of the violation. The service may be subject at Servercheap's discretion to a temporary suspension pending a User's agreement in writing, to refrain from any further violations.
c) Second Violation: Users that Servercheap determines to have committed a second violation of any element of this Acceptable Use Policy shall be subject to immediate suspension or termination of service without further notice.
d) We reserve the right, to drop the section of IP space involved in Spam or Denial-of-Service complaints if it is clear that the offending activity is causing great harm to parties on the Internet. In particular, if open relays are on your network or a customer's network, or if denial of service attacks are originating from your network. In certain rare cases, we may have to do this before attempting to contact you. If we do this, we will contact you as soon as is feasible.

15.Outgoing Email: Servercheap reserves the right to limit or block any or all outgoing SMTP traffic to customer if suspected of malicious behaviour. Servercheap is not responsible for any service degradation this may cause, and is at no point obligated to allow such service. In the event of customer requiring SMTP service for legitimate reasons, customer must provide compelling evidence justifying such request.

16. Suspension of Service or Cancellation: Servercheap reserves the right to suspend network access to any customer if in the judgment of the Servercheap network administrators the customer's server is the source or target of the violation of any of the other terms of the AUP or for any other reason which Servercheap chooses. If inappropriate activity is detected, all accounts of the Customer in question will be deactivated until an investigation is complete. Prior notification to the Customer is not assured. In extreme cases, law enforcement will be contacted regarding the activity. The customer will not be credited for the time the customer's machines were suspended. Customers of colocation servers must make arrangements for the server to be picked up and removed from Servercheap.net. The server will be considered abandoned and forfeited after 30 day.

17. TOS Changes: Servercheap reserves the right to amend its policies at any time. All Sub-Networks, resellers and unmanaged servers of Servercheap must adhere to the above policies. Failure to follow any term or condition will be grounds for immediate Cancellation. You will be held responsible for the actions of your clients in the matter described on these Terms and conditions. Therefore, it is in your best interest to implement a similar or stricter Terms and conditions or otherwise called Acceptable Terms of use policy.

18. Indemnification: Servercheap wishes to emphasize that in agreeing to the Servercheap Acceptable Use Policy (AUP) and Terms of Service (ToS), customer indemnifies Servercheap for any violation of the Acceptable Use Policy (AUP) and Terms of Service (ToS) that results in loss to Servercheap or the bringing of any claim against Servercheap by any third-party. This means that if Servercheap is sued because of a customer's or a customer of a customer's activity, the customer will pay any damages awarded against Servercheap, plus all costs and attorney's fees.

a. Customer acknowledges that the service provided is of such a nature that service can be interrupted for many different reasons and interruptions can be prolonged due to external or internal events. Therefore, subscriber agrees that the Servercheap.net shall not be liable for any damages arising from such loss of service for any reason. In no event shall the company be liable for any special or consequential damages, loss or injury.

b. Customer acknowledges that colocation servers can be damaged from shipping and handling of the colocation servers. Customer shall not hold Servercheap.net liable for damage to any colocation server for any reason. The customer is responsible for insuring the monetary value the of the colocation server for the value of the server. In no event shall the company be liable for any special or consequential damages, loss or injury.

19. Miscellaneous Provisions: You must provide us with, and keep current, good contact information for you. E-mail, fax, and telephone contacts are used, in that order of preference.
a) A waiver by the Company of any breach of any provision of this Agreement by Subscriber shall not operate as or be construed as a continuing or subsequent waiver thereof or as a waiver of any breach of any other provision thereof.
b) Subscriber shall not transfer or assign this Agreement without the prior written consent of the Company. Company may assign Agreement at anytime without consent from or notice to Subscriber. Company reserves right to cancel customers rights under this contract at anytime without further obligation.
c) Servercheap takes no responsibility for any material input by others and not posted to the Servercheap Network by Servercheap. Servercheap is not responsible for the content of any other websites linked to the Servercheap Network; links are provided as Internet navigation tools only. Servercheap disclaims any responsibility for any such inappropriate use and any liability to any person or party for any other person or party's violation of this policy.
d) Servercheap is not responsible for any damages your business may suffer. Servercheap does not make implied or written warranties for any of our services. Servercheap denies any warranty or merchantability for a specific purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by Servercheap.





ACCEPTABLE USE POLICY

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IMPORTANT NOTICE: *All Payments To Servercheap.NET Are Non-Refundable*

The following are considered violations of Servercheap Internet Service's AUP (Acceptable Use Policy):

1. Illegal usage: Use of Servercheap's services for illegal purposes, or in the support of illegal activities. Servercheap Internet Services reserves the right to cooperate with legal authorities and/or injured third parties in the investigation of any suspected crime or civil wrongdoing.

2. Threats: Use of Servercheap's services to transmit any material (by e-mail, uploading, posting or otherwise) that threatens or encourages bodily harm or destruction of property.

3. Harassment: Use of Servercheap's services to transmit any material (by e-mail, uploading, posting or otherwise) that harasses another person.

4. Forgery or impersonation: Adding, removing or modifying identifying network header information in an effort to deceive or mislead is prohibited. Attempting to impersonate any person by using forged headers or other identifying information is prohibited. The use of anonymous remailers or nicknames does not constitute impersonation.

5. Fraudulent activity: Use of Servercheap's services to make fraudulent offers to sell or buy products, items, or services, or to advance any type of financial scam such as "pyramid schemes" and "chain letters."

6. Unsolicited commercial e-mail / Unsolicited bulk e-mail (SPAM): Use of Servercheap's services to transmit any unsolicited commercial or unsolicited bulk e-mail is expressly prohibited. Violations of this type will result in the immediate termination of the offending account.

IMPORTANT NOTICE Any customers hosting websites or services on their servers on their server that support spammers or causes any of our IP space to be listed in any of the various spam databases will have their server immediately removed from our network. The servers will not be reconnected until such time that the customer agrees to remove ANY and ALL traces of the offending material immediately upon reconnection and agrees to allow us access to the servers to confirm that all material has been COMPLETELY removed. Severe violations may result in the immediate and permanent removal of the servers from our network without notice to the customer. Any servers guilty of a second violation WILL be immediately and permanently removed from our network without notice.

7. E-mail / News Bombing: Malicious intent to impede another person's use of electronic mail services or news will result in the immediate termination of the offending account.

8. E-mail / Message Forging: Forging any message header, in part or whole, of any electronic transmission, originating or passing through the Servercheap service is in violation of this AUP.

9. Usenet Spamming: Servercheap has a zero tolerance policy for the use of its network for the posting of messages or commercial advertisements that violate the rules, regulations, FAQ or charter of any newsgroups or mailing list. Commercial messages that are appropriate under the rules of a newsgroup or mailing list or that are solicited by the recipients are permitted.

10. Unauthorized access: Use of the Servercheap service to access, or to attempt to access, the accounts of others, or to penetrate, or attempt to penetrate, security measures of Servercheap or another entity's computer software or hardware, electronic communications system, or telecommunications system, whether or not the intrusion results in the corruption or loss of data, is expressly prohibited and the offending Servercheap account is subject to immediate termination.

11. Copyright or trademark infringement: Use of the Servercheap service to transmit any material (by e-mail, uploading, posting or otherwise) that infringes any copyright, trademark, patent, trade secret or other proprietary rights of any third party, including, but not limited to, the unauthorized copying of copyrighted material, the digitization and distribution of photographs from magazines, books, or other copyrighted sources, and the unauthorized transmittal of copyrighted software is prohibited.

12. Collection of personal data: Use of the Servercheap service to collect, or attempt to collect, personal information about third parties without their knowledge or consent is prohibited.

13. Network disruptions and unfriendly activity: Use of the Servercheap service for any activity which affects the ability of other people or systems to use Servercheap Services or the Internet is prohibited. This includes "denial of service" (DDoS) attacks against another network host or individual user. Interference with or disruption of other network users, services or equipment is prohibited. It is the customer’s responsibility to ensure that their network is configured in a secure manner. A Subscriber may not, through action or inaction, allow others to use their network for illegal or inappropriate actions. A Subscriber may not permit their network, through action or inaction, to be configured in such a way that gives a third party the capability to use their network in an illegal or inappropriate manner. Unauthorized entry and/or use of another company and/or individual's computer system will result in immediate account termination. Servercheap will not tolerate any subscriber attempting to access the accounts of others, or penetrate security measures of other systems, whether or not the intrusion results in corruption or loss of data.

14. Fraud: Involves a knowing misrepresentation or misleading statement, writing or activity made with the intent that the person receiving it will act upon it. Servercheap does not tolerate fraud.

15. Infringement of Copyright, Patent, Trademark, Trade Secret, or Intellectual Property Right:Distribution and/or posting of copyrighted or the aforementioned infringements will not be tolerated.

16. Distribution of Viruses: Intentional distributions of software that attempts to and/or causes damage, harassment, or annoyance to persons, data, and/or computer systems are prohibited. Such an offense will result in the immediate termination of the offending account.

17. Inappropriate Use of Software: Use of software or any device that would facilitate a continued connection, i.e. pinging, which causes or its aimed to disrupt service while using Servercheap services could result in the suspension of service.

18. Third Party Accountability: Servercheap subscribers will be held responsible and accountable for any activity by third parties, using their account, that violates guidelines created within the Acceptable Use Policy.

19. Adult content: Adult content is allowed.

20. IP Addresses: Using IP addresses that were not assigned by Servercheap.

21. Support to Terrorists: Using Servercheap services to provide support or resources (including concealing or disguising the nature, location, source, or ownership of support or resources) to any organization designated by the U.S. government as a terrorist organization pursuant Section 219 of the Immigration and Nationality Act.

22. Gambling: Using Servercheap services for or to promote gambling that is or may be prohibited or restricted by any state or federal gambling laws or regulations.

23. Harm to Minors / Child Pornography:Using Servercheap services to harm minors in any way or transmitting (by email, uploading, posting or otherwise), distributing, downloading, copying, caching, hosting or storing on a server any child pornography as defined by U.S. law.

24. The following are not permitted to be hosted/run on Servercheap's servers/network:
a) Torrents/Bittorrent - downloading ot transmitting torrents of any kind through our network whether it is directly or through vpn/proxy is not allowed
b) Game Servers are not allowed
c) Direct connect hubs or clients are not alloed
d) IRC/Internet Relay Chat Networks/Bots are not alloed
e) MultiCS/OSCam/CCCam or similar are not alloed
f) Mining of any online/digital currencies/commodities is not allowed
g) Using any service for Denial of service attacks is not allowed
h) Traffic exchange is not allowed
i) Plex hosting and/or hosting of files for Plex streaming
j) VPN/Proxies are allowed for personal usage only
k) TOR/Onion network related services or similar


25. Violation of Security: Violating or attempting to violate the security of Servercheap's systems will result in immediate termination of all services.

26. Use of servers for bandwidth intensive purposes: Using our services to host a content delivery network or content distribution network is not permitted without prior authorization. Using our services to host applications that produce high bandwidth usage patterns is prohibited without the prior consent of Servercheap.NET. Please contact sales (at) Servercheap (dot) net before signing up. Failure to contact us may result in your server being rate-limited or turned off.

27. CPU and Load policy: CPU resources allocated to your VPS are not dedicated, they are shared. VPSs with a load above 8.00 will be automatically shutdown by our automated system. VPSs that maintain a load average above 3.00 for more than 1 hour will be automatically shutdown or restarted.