LaunchVPS, LLC (also referred to as “Launch VPS,” “LaunchVPS,” “company,” “our,” “us,” or “we”) agrees to provide services to the Client (also referred to as “you” or “your”) upon the following Terms of Service (the “Terms of Service” or “Agreement”). LaunchVPS’s services, products and technologies (together, the “Services”) are set forth on LaunchVPS’s website at www.launchvps.com and may be modified without notice, at the discretion of LaunchVPS. Any use of the Services by you constitutes your agreement to these Terms of Service. LaunchVPS reserves the right to modify these Terms of Service without notice, at the discretion of LaunchVPS.
1. Privacy Policy, Acceptable Use Policy, and DMCA Notice LaunchVPS’s Privacy Policy, Acceptable Use Policy, and DMCA Notice which are attached hereto as “Exhibit A“, “Exhibit B“, and “Exhibit C“ respectively, are incorporated in and are part of these Terms of Service.
2. Term and Termination.
(a) The term of this Agreement is monthly, quarterly, or annually commencing on the date that you sign up electronically for Services by creating an account with an email address (“Start Date”).
(b) LaunchVPS may suspend or terminate the provision of Services to you without notice if, in its sole discretion, LaunchVPS determines you have breached any of these Terms of Service. If LaunchVPS suspends or terminates Services because of your breach, any amounts owed to LaunchVPS by you will be immediately due and payable. If your account is suspended or terminated, no refunds will be issued by us and all amounts prepaid by you will be forfeited.
3. Payment; Refund.
(a) Payments of fees are due in advance and billed monthly, quarterly, or annually by LaunchVPS with the first payment due on the Start Date and subsequent payments due on each anniversary of the Start Date. All invoices are denominated, and you must pay, in U.S. dollars. Payments are due no later than 15 days after the invoice date. Failure to make payment within 3 days of invoicing may subject you to suspension or termination of Services. Any account interrupted for non-payment is subject to a 15% late fee before reconnection. Credit cards that are declined for any reason are subject to a $1.00 declination fee. LaunchVPS reserves the right to bring legal action to collect any overdue fees, including any attorney fees and costs.
(b) If within 45 days of purchasing a server product from us, you notify us that you are not satisfied with the product and cease using the product, we will refund the purchase price to you within 24 hours from the time the refund request was initiated.
4. Your Responsibilities. You will:
(a) Provide accurate personal and business identifying information, as may be required by LaunchVPS from time to time, including names, addresses, telephone numbers, and email addresses.
(b) Maintain proper security protocols, including without limitation, strong passwords and access control mechanisms, safeguarding of access to all logins, passwords, verification of the trustworthiness of persons who are entrusted with account access information.
(c) Notify LaunchVPS immediately of any security breaches involving the Services or data hosted or stored at LaunchVPS.
5. Disclaimers and Waiver of Liability. LaunchVPS DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, REGARDING THE SERVICES, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. NO REPRESENTATION OR OTHER AFFIRMATION OF FACT REGARDING THE SERVICES, NOR THE STATEMENT OR CONDUCT OF ANY AGENT OF LaunchVPS, SHALL BE DEEMED A WARRANTY FOR ANY PURPOSE OR GIVE RISE TO ANY LIABILITY WHATSOEVER OF LaunchVPS. YOU ACKNOWLEDGE THAT YOU HAVE RELIED ON NO WARRANTIES OR STATEMENTS OTHER THAN AS MAY BE SET FORTH HEREIN. YOU HEREBY WAIVE ANY AND ALL CLAIMS AGAINST LaunchVPS ARISING OUT OF YOUR PURCHASE OR USE OF THE SERVICES AND ANY CONDUCT OF LaunchVPS'S OFFICERS, EMPLOYEES, OR AGENTS. LaunchVPS SHALL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE TO YOU OR ANY THIRD PARTY IN ANY AMOUNT FOR ANY INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL OR CONSEQUENTIAL DAMAGES INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, REVENUE OR SAVINGS, LOSS OF GOODWILL, OR THE LOSS OF USE OF ANY DATA, EVEN IF LaunchVPS HAS BEEN ADVISED OF, KNEW, OR SHOULD HAVE KNOWN, OF THE POSSIBILITY THEREOF. NO DISCLOSURE BY LaunchVPS'S OFFICERS, EMPLOYEES, OR AGENTS, SHALL BE MADE A CAUSE OF LIABILITY. UNDER NO CIRCUMSTANCES SHALL LaunchVPS’S AGGREGATE CUMULATIVE LIABILITY TO YOU, WHETHER IN CONTRACT, TORT, UNDER STATUTE, OR OTHERWISE, EXCEED THE AMOUNT OF FEES FOR ONE (1) MONTH OF SERVICES PROVIDED TO YOU. YOU AGREE THAT THE FEES PAID BY YOU REFLECT THE ALLOCATION OF RISK UNDER THESE TERMS OF SERVICE AND THAT LaunchVPS WOULD NOT ENTER INTO THESE TERMS OF SERVICE WITHOUT THESE LIMITATIONS.
6. Confidentiality. You shall keep confidential any confidential information, as may be so designated by LaunchVPS from time to time, to which you have access and shall cooperate with LaunchVPS's efforts to maintain the confidentiality thereof. You shall not publish to third parties or distribute information or documentation that LaunchVPS provides for purposes of providing Services or operating and maintaining its systems, including invoices, work orders, or other such materials.
7. Backup; Support.
(a) You are solely responsible for the preservation of your data. LaunchVPS shall have no responsibility to preserve your data, even though LaunchVPS provides you with backup services. You are responsible for managing your VPS. LaunchVPS VPS’s are self-managed and are tailored for web hosts, advanced system administrators, and experienced developers. In order to properly manage your LaunchVPS VPS, you should have working knowledge of Linux or Windows operating systems, tools, and services. LaunchVPS may provide you with basic management tools needed to configure and maintain your VPS.
(b) LaunchVPS will provide you with support for the following: (i) Network Access; (ii) Server Hardware; (iii) Control Panel Functionality; and (iv) OS templates and ISOs.
(c) Anything that LaunchVPS does not install and configure for you is your responsibility and is not covered by our support. However, LaunchVPS, in its discretion, may use reasonable commercial efforts to provide support for issues falling outside of our covered support, at your request.
(d) LaunchVPS intends to answer your “trouble tickets” in connection with Services, if properly posted, within twelve (12) hours or less from the time of posting. We will then develop a plan of action and relay information on how the issue may be resolved. If we fail to provide reasonable support, you will receive a refund of your current month’s fee.
(e) LaunchVPS will use commercially reasonable efforts to maintain an “up-time” of 99.9% or higher for its Services, as determined by LaunchVPS in its discretion. If we fail to meet this threshold, an account credit can be requested which will be equal to the amount of downtime incurred on an hourly basis, rounded up to the nearest hour in any given calendar month.
8. Indemnification. You shall defend, indemnify and hold harmless (including attorney’s fees and costs) LaunchVPS from any and all claims or causes of action arising out of (a) your use of Services, and (b) your breach of any of these Terms of Service.
9. General. This Agreement shall be governed by, and construed in accordance with, the laws of the State of Pennsylvania, without respect to principles regarding conflicts of law. This is the entire Agreement between the parties with regard to the Services. Each party consents to the exclusive jurisdiction of any state or federal court located in the State of Pennsylvania and agrees that venue of any action instituted under this Agreement shall be proper only in the State of Pennsylvania and waives any objection to venue.
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