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OUR CONTRACT

This document contains our Terms of Service. By using/signing up for the services of Virpus.com, you agree to the following in addition to our Acceptable Use Policy, found here:

This agreement (“Agreement”) between Virpus, LLC, (“Virpus.com”) and the Customer ("Customer") which this agreement governs the provision of Virpus.com and related services (the “Services”). This Agreement is effective the instant Customer (a) signs up for Services through any of Virpus.com’ websites or (b) establishes an account with Virpus.com or uses the Services or any part thereof (“Effective Date”). Virpus.com may revise this Agreement and will have an effective date of 30 (thirty) days after any new terms or revisions have been put in place before it applies to Customer. Virpus.com will in its best efforts attempt to notify the customer of any minor changes, and will notify customer with any major changes.

SERVICES

Virpus.com will provide Customer with what they signed up for within their order according to the fees indicated to the Customer before Virpus.com billed Customer. Customer also understands that unless Virpus.com is running a promotion, Virpus.com will not discount their price or provide anything more or less than what the customer signed up for without Customer upgrading their plan by a Virpus.com customer service representative.

The payment term the customer selects while ordering is the effective term of this agreement.

REJECTION OF SERVICES
Virpus.com reserves the right to cancel, temporarily suspend or deny services to Customer at our discrtion. If Virpus.com feels that it is not of its best interest, or a liability to obtain a customer, Virpus.com will take into consideration past history on both business levels and personal levels to determine if customer is a liability to the company. Virpus.com will give notice of cancellation if Virpus.com cancels Customers account, as well as temporary suspension and denied services. Virpus.com reserves the right to temporarily suspend or deny service to customers who abuse our staff or help desk by using unecessary language, such as curse words. In such case, a refund will not be granted.
PAYMENT
Virpus.com will invoice Customer 10 days in advance of their official due date of their account. Customer agrees that as long as account is active, customer will maintain a good standing balance with Virpus.com, and will pay before or on the due date of invoice. If customer is paying via credit card, payment may be authorized at the time of the invoice being generated.Any setup fees associated with the opening of the Customers account, or future upgrades are one time fees; services ordered during initial signup with setup fees will be charged up front, as well as the Customers hosting services.

If Customer has not paid by the account due date, Virpus.com may suspend Customers account(s). If Customers account is not paid after 3 days of the due date payment has not been received, Virpus.com, at its desecration, will terminate the customers service(s), unless arrangements have been made by the customer with Virpus.com. After account has been suspended, a $5 administrative fee will be applied for re-connection.

CANCELLATION OF SERVICES
To cancel account, the customer must login to their myVirpus.com account, click on My Services, click the service you wish to cancel, and click "Request Cancellation".  Cancellation by any other means will not be an acceptable form of a cancellation request. Please note that we do not offer refunds under any circumstances, however can issue an account credit of the unused time to be used towards future invoices with Virpus.com, if your cancellation is requested for "Immediate". Please note this only applies for services that have been prepaid. We do not offer this for monthly services.

Although a customer may cancel PayPal subscription, Virpus.com does not consider this a form of cancel.  All payments prior to account closure are non-refundable unless otherwise guaranteed. This includes but not limited to setup fees, hosting fees and other services offered through Virpus.com.

Customer must put in their cancellation request 10 days in advance in order to be effective.

If you subscribed using PayPal, it is your responsibility to ensure that this subscription has been canceled.

REFUNDS AND DISPUTES
All payments to Virpus.com are non-refundable. All billing disputes must be reported to Virpus.com within 60 days in order to receive compensation. If customer files a charge back against a legitimate charge placed by Virpus.com, a $50 administrative fee will be charged per chargeback.

Should customer open a PayPal dispute, Virpus.com has the right to suspend or terminate service at its discretion.

MONEY BACK GUARANTEE
Virpus.com offers a complete 3 day money back satisfaction guarantee. If under the circumstances the customer is not happy with our services, Virpus.com agrees to provide a full refund of the service, excluding any setup fee's, control panel fees, and/or control panel addon fees. Customer may not modify their cancellation reasoning after it has been provided the first time. This policy is void if (a) customer shows signs of knowing they will cancel within 3 days (b) customer signs up for the purpose of canceling (c) customer has no record or signs of dissatisfaction in the myVirpus helpdesk (d) If customer has multiple services, or has had service in the past.

Customer needs to cancel their account via myvirpus.com and specify for immediate cancellation. After doing so, open a ticket with the billing department requesting a refund. Note that all control panel and licensing addons are non-refundable.

SERVICE LEVEL AGREEMENT
99.9% Network Uptime Guarantee: Virpus.com offers a 99.9% uptime guarantee on all network related services (i.e. bandwidth, routers, switches, and cabling). The 99.9% uptime guarantee is applicable to all network services delivered to customers via a single independent network drop. Customer generated outages created by failed equipment, exploited servers, misconfigurations or traffic in excess of the maximum allowed by contract are not subject to the SLA. Service credits are based directly on all equipment and/or services affected by a network outage. Services or hardware not related to the network outage will not qualify for a service credit.

99.9% Service Uptime Guarantee: Virpus.com offers a 99.9% complete service
uptime guarantee to Virtual Private Server customers. This guarantee includes the availability of accessing the virtual private server and network availability. Virpus.com does not consider services within the VPS bound or eligible to this policy (such as mysql, apache, FTP, etc), but only the availability of the VPS.

99.9% Service Uptime Guarantee: Virpus.com offers a 99.9% Uptime guarantee to our general web hosting customers and partnerships customers. This guarantee includes the availability of all services, network and the access ability of the customers website(s).

Virpus.com provides up to 50% monthly recurring revenue credit to a customer if service is unavailable. For every hour of downtime, Virpus.com will grant a one day credit based off the monthly recurring cost, minus any control panel addons. Applies to the base service only.

The Virpus SLA is only valid for non-scheduled maintenance downtime. Please see "Maintenance, Security, & Service Interruption."

NOTE: Any service outage will need to be reported within 48 hours after restoration. After 48 hours, you will not be warranted a credit.

SUPPORT POLICY
Virpus.com will make all attempts to reply to the customers request within 1 hour of submission. Virpus.com charges an hourly rate of $45 per hour in increments of 30 minutes for anything not covered within a management plan. Any services not hosted with Virpus that The Customer requests work on are subject to the hourly rate unless a separate management plan is ordered. If a unmanaged VPS customer opens a ticket with Managed Support to request intermediate to advanced technical support, a $5 fine will apply per ticket.

If any issue should come up with Customers service, the customer may not order a Management plan at the time of the incident.  The hourly rate will apply, which after resolution, the customer may then opt to order a Management plan.

OWNERSHIP OF DATA SOFTWARE, HARDWARE AND IP ADDRESS
All software, hardware and Internet protocol (“IP”) addresses provided by Virpus.com are licensed to Customer and remain Virpus.com’s sole and exclusive property.
BANDWIDTH OVERAGES
At the end of your billing period and as well as periodic bandwidth checks, Virpus.com will take an analysis of your server or VPS. If at that time you are found to be over your bandwidth, Virpus.com will send you notice of these overages. Note that all overages will be charged $.50/GB that you went over.
BACKUPS
For services where Virpus offers backups (would be stated on the offerings page if so), customer should not rely on the availability of our backups, nor expect to be able to recover from our backups. Virpus.com recommends that the Customer take their own backups using third party services. Should the Customer need to retain a backup on our network, there will be a $10 retreival fee which must be paid before backup is delivered. The backups of Virpus.com are in no way guaranteed, as they rely on third party softwares which Virpus.com is not directly involved with the development of those softwares to ensure quality backups.
MAINTENANCE, SECURITY AND SERVICE INTERRUPTION
(a) Virpus.com may interrupt Service to perform maintenance on Virpus.com equipment. Virpus.com will exercise reasonable efforts (i) to inform Customer before interrupting Service and (ii) to restore the system promptly. Any scheduled maintenances as well as any problems that may arrise due to scheduled maintenance will not be compensated under our Service Level Agreement (SLA).

(b) Customer is responsible for maintaining security, for maintaining patches and
disaster recovery systems, and for maintaining backups. Virpus.com will not be
liable for loss of data or for breaches in system integrity, even if Customer’s Service includes firewall's, backups, denial of service protections, or other mechanisms to protect data and system integrity. In the event that Virpus.com suspects that security of any
of equipment has been breached, it may disable such equipment and the Service.

(c) In the event that Customer’s use of Service causes a denial of service or in any other way injures the functioning of services Virpus.com provides to other customers, Virpus.com may interrupt Service or permanently disable it, even if such denial of service or injury occurred through no fault of Customer’s.

(d) Virpus.com will not be liable for service interruptions, including without limitation interruptions executed in order to investigate suspected AUP violations, whether or not such violations occurred.

SPAMMING
Directly or indirectly transmitting or supporting the transmission of unsolicited mail messages, including, without limitation, commercial advertising and informational announcements, is expressly prohibited. A user shall not use another site's mail server to relay mail without the express permission of the site. If you are caught in violation of spamming your services will result in immediate termination without a refund as you chose to violate this policy.
DISCLAIMER AND WARRANTIES
(a) Virpus.com will not be liable for any consequential, incidental, exemplary, punitive, or multiple damages, even if Virpus.com was advised in advance of the possibility of such damages. Virpus.com’ maximum liability arising out of or related to this agreement will not exceed the total amount of fees billed to customer during the twelve-(12) months preceding the claim.

(b) Virpus.com will have no liability whatsoever for any claims, losses, actions, damages, suits, or proceedings resulting from: (i) other Virpus.com customers or third parties accessing customer’s data or assigned computers; (ii) security breaches;
(iii) eavesdropping; (iv) denial of service attacks; (v) interception of traffic sent or received using the equipment or Service; (vi) customer’s reliance on or use of the equipment or Service; (vii) mistakes, omissions, interruptions, deletions of files, errors, defects, delays in operation, or other failures of performance of the equipment or Service; (viii) the accuracy, completeness, and usefulness of the Service; (ix) loss of data or loss of access to data; or (x) loss of equipment or injury to equipment.

(c) Virpus.com shall not insure or be responsible for any loss or damage to property of any kind owned or leased by Customer except to the extent such liability results from Virpus.com gross negligence or willful misconduct. Any policy of insurance covering the property owned or leased by Customer against loss by physical damage shall provide that the underwriters have given their permission to waive their rights of subrogation against Virpus.com, its affiliates and their directors, officers, partners, and employees, as well as their subsidiaries, and their respective directors, officers, partners, and employees.

(d) Virpus.com’ limitations and exclusions of liability set forth in this section 7 and in this agreement apply equally to Virpus.com’ officers, employees, agents, contractors, representatives, suppliers, subsidiaries, parents, and affiliated companies.

INDEMNITY AND THIRD PARTY CLAIMS
(a) Customer will defend and indemnify Virpus.com, its officers, employees, agents, contractors, representatives, suppliers, subsidiaries, parents, and affiliated companies from any third party claim arising out of or related to: (i) alleged Customer conduct that would breach this Agreement, including without limitation alleged infringement of third party intellectual property or privacy rights; (ii) Customer’s use, misuse, or failure to use the Service; and (iii) any action taken by Virpus.com as part of an investigation into a suspected violation of this Agreement or as a result of its conclusion that a violation has occurred. Such Customer obligation includes payment of losses, expenses, damages, and costs, including without limitation attorneys’ fees.

(b) Upon Virpus.com’ request, Customer will immediately notify any third party that Virpus.com is not responsible for (i) any content or materials posted on any Customer website or otherwise disseminated through Customer’s use of the Service or (ii) any use or abuse of the Service whatsoever by Customer or any third party.

LIABILITY
Customer is solely responsible for the conduct of the Customers business and all other matters under Customers control. IN NO EVENT SHALL Virpus.com, ITS PARENT, SUBSIDIARIES, AFFILIATES, CONTRACTORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, REPRESENTATIVES OR LICENSORS, OR ANY OTHER PARTY INVOLVED IN PRODUCING, CREATING OR DELIVERING Virpus.com
SERVICE, TECHNOLOGY OR CONTENT, BE LIABLE TO The Client IN ANY MANNER WHATSOEVER FOR LOSS OF OR INACCURACY OF DATA, GOODS, REVENUES, PROFITS, SERVICES, OR TECHNOLOGY OR FOR ANY DIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR SIMILAR DAMAGES, EVEN IF Virpus.com
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. The Client HEREBY WAIVES ANY AND ALL CLAIMS AGAINST Virpus.com AND ITS PARENT, SUBSIDIARIES, DIVISIONS, AFFILIATES, AGENTS, REPRESENTATIVES AND LICENSORS ARISING OUT OF CUSTOMERS USE OFVirpus.com SERVICE.