Content
All services provided by VPS NOC. are to 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 Local law is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, material that jeopardizes national security, or material protected by trade secret or other laws. The subscriber agrees to indemnify and hold harmless VPS NOC, from any claims resulting from the subscriber’s use of VPS NOC’s services which damages the subscriber or any other party.

Note: Pornography and sex related merchandising are prohibited on any VPS NOC. server. This includes sites that may imply 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 VPS NOC servers or any other server on the Internet. Links to such materials are also prohibited.

Examples of prohibited content or links include (but are not limited to):
• IRC Servers
• Pirated software
• Warez Sites
• Distribution of music files or any other material in which the account holder does not own the copyright.

VPS NOC will be the sole arbiter as to what constitutes a violation of this provision.

Content that does not meet these standards will be removed without prior notice to the subscriber.

Housing of any of the following files is considered a violation of the terms of service:

IRC - We allow IRC, Egg Drops, BNC, or IRC bots to be operated on our servers or network. However any program that acts like an IRC server or that provide chat functions that run as background processes are not allowed.

PortScanning - We do not allow any kind of portscanning to be done on or from our servers or network.

Commercial Advertising - Email -

• Spamming, i.e. the sending of unsolicited email, from any VPS NOC server or any server located on the VPS NOC network is STRICTLY prohibited. VPS NOC will be the sole arbiter as to what constitutes a violation of this provision. This also includes Optin Optout mail programs and mail that either directly or indirectly references a domain contained within an account at VPS NOC. In addition to termination of any account found to be in violation there will also be a $100 penalty fine applied for every valid spam complaint processed by VPS NOC staff.
• 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 VPS NOC 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 lists of email addresses from 3rd parties for mailing to or from any VPS NOC-hosted domain, or referencing any VPS NOC account, is prohibited.
• Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to violate this AUP or the AUP 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, 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.

Background Running Programs - We ask that users request permission before enabling persistent background processes of substantial load.

PHP Shell - PHP Shells or any likeness thereof are prohibited. Files with any reference to PHP Shells or likeness thereof are prohibited.

Server Abuse - Any attempts to undermine or cause harm to a VPS NOC server or subscriber of VPS NOC 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
• 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

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 VPS NOC must adhere to the above policies.

Scheduled Maintenance and Downtime
VPS NOC will use its commercially reasonably efforts to provide services 24 hours a day, seven days a week. Subscriber 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 VPS NOC’s control or which are not reasonably foreseeable by VPS NOC, including the interruption or failure of telecommunications or digital transmission links, hostile network attacks, or network congestion or other failures. VPS NOC will provide at least 48 hours advance notice to the subscriber for Scheduled Downtimes, and will use commercially reasonable efforts to minimize any other disruption, inaccessibility and/or inoperability of its web servers. VPS NOC has no responsibility for downtime resulting from a user’s actions.

Any violation of VPS NOC’s Terms of Service Agreement shall result in no refund.

Limitations on Use
Any account using 25% or more of the server CPU can be suspended and/or terminated.

Any account that uses excessive amounts of bandwidth can and will be subjected to bandwidth throttling.

Background Processes. Unauthorized background processes shall result in immediate termination of the account. VPS NOC maintains the right to cancel accounts at its discretion.

Account Setup, Termination, and Billing:
The account will be charged on the day the order is processed, regardless of the account billing date. The account will not be charged again until the next month’s billing cycle. Billing dates are on the first and 15th of every month.

Disabling of accounts due to overdue payment: Accounts will be disabled if payment is not received within 14 days of the invoice date. If your account has been disabled, you may be charged a reconnection fee of $10 in order to re-enable your account.

Termination of accounts due to overdue payment: If the account is not paid within 30 days of the invoice date, the account will be terminated and all information within the account will be deleted.

Cancellation Procedure: Valid proof of account ownership will be required to terminate an account. This includes, but is not limited to, billing information in the form of a partial credit card number or other payment information, or the billing password. Non-secure information, such as the contact email address or account billing address, is not sufficient as a security verification.

Courtesy Services for Customers
All services such as backup are provided for the courtesy of the subscriber. It is the sole responsibility of the subscriber to maintain the subscriber’s own backup of any data. VPS NOC is not responsible for lost data or for lost data due to third party software that is not maintained by VPS NOC programming staff.

Limitation of Damages
Recovery of damages from VPS NOC may not exceed the amount of fees it has collected on the account.

General
Terms Of Service are subject to change without any prior notification.

These Terms of Service are a legally binding contract between the subscriber and VPS NOC.

By opening an account, the subscriber agrees to the above-stated terms.

Anything not listed in the Terms of Service is open to interpretation and change by VPS NOC administrators without prior notice.

Any violation of these Terms of Service will result in termination of the account. VPS NOC maintains the right to terminate accounts without prior notification.

We reserve the right to remove any account with 15 days prior notice.

Dispute Resolution
Any dispute between VPS NOC and a subscriber shall be determined by arbitration conducted by the American Arbitration Association pursuant to its commercial arbitration rules. The arbitrator shall decide any dispute in accordance with Michigan law, without the application of choice of law principles. Each party shall bear its own expenses and legal fees for the arbitration. The arbitration shall be conducted in Ingham County, Michigan, unless both parties agree in writing to a different location. The arbitration award is enforceable as a judgment of any court having proper jurisdiction.