MyAgileVPS shall provide hosting and related services to Client in accordance with the terms of this Agreement. The hosting services to be provided by MyAgileVPS are described as set out in Schedule attached hereto and incorporated into this Agreement.
In consideration for the Services provided, the Client agrees to compensate MyAgileVPS in accordance with the Fee Schedule as set out in plans. MyAgileVPS shall invoice the Client for the Services on a monthly basis and in accordance with plan. Any payment which is not made within a day after the date of the invoice shall be deemed to be overdue.
TERM OF THIS AGREEMENT
The term of this Agreement shall commence on the date of this Agreement and shall continue for successive years, which shall automatically renew under the same terms and condition set forth herein without further documentation being required, subject to MyAgileVPS rights of revision as described below, and unless and until either party terminates the Agreement in accordance with the Terms.
MyAgileVPS reserves the right to revise the Fee at any time during the Term upon five business days’ notice to Client of such proposed revisions, such revisions to take effect on the sixth day after such notice is given (“Effective Date”) as defined. If such proposed revisions are unacceptable to Client, Client may terminate this Agreement. In the event that Client continues to use the Services after the Effective Date, the Client is deemed to have accepted the revisions as proposed in the notice of revision.
Customer agrees that access to Service shall be restricted to Customer employees or authorized agents. Customer shall use commercially reasonable efforts to protect User IDs and passwords. Customer agrees that authorized Concord support personnel may access system as required to diagnose and resolve technical issues.
MyAgileVPS do not place hard limits on the amount of disk space or bandwidth on an account may use. We want our clients to be able to build their websites without worrying about disk space and bandwidth. We also want to ensure no one use too much resources and the pool of resources benefits to everyone with no single user has an advantageous edge over any other user, using the resources. We have placed limit on the amount of server resources that any given user may consume.
MyAgileVPS, in its sole discretion, shall have the right to take any corrective action if User’s utilization of bandwidth, disk usage or other resources exceeds the Agreed Usage, resource usage, or is used for other improper storage or usage. Such corrective action may include the assessment of additional charges, disconnection or discontinuance of any and all Services, removal or deletion of User’s Web site, User Content, User’s electronic mail and e-mail services and/or other materials and services or termination the User’s account and of this Agreement.
What does “Unlimited” really mean?
MyAgileVPS customers need not to worry about the disk storage or network/file transfer when it gets popular in public. But still you need to worry about certain things. When your website isn’t well optimized and have many issues for others on shared environment (Because it’s Repeated hitting on CPU, hogging RAM, or Lot of Disk I/O operations) you might be asked to sign up for virtual private servers. Trust with us, every host have their same limitations… we’re just trying to be up front about them!
What’s not allowed in “Unlimited”?
Here are some specific things which are not allowed in MyAgileVPS Hosting: Pirated content which you don’t have the distribution rights. File uploading, sharing, archive, backup, mirroring, distribution, porn, abuse, spam contents. A site created primarily to drive traffic to another site like phishing activity. Making your account resources available to the public.
MyAgileVPS has the rights to delete these kind of violating contents or operations in our servers in terms of Unlimited Policy. MyAgileVPS has sole decision to determine what does, and doesn’t violate either policy. Legitimate Website Owner, for you, MyAgileVPS, it is unlimited. All this terms and conditions applies to <.1% of people who want to try and run free porn affiliate sites or animated video trading forums or hosting pirated rips on MyAgileVPS that we aren’t having any.
MyAgileVPS shall provide technical and support services to Client on a 24-hour basis via ticket support system, however MyAgileVPS Support Services shall be limited to providing matters pertaining to MyAgileVPS servers, Internet connection, MyAgileVPS corporate policies and this Agreement. MyAgileVPS does not provide technical support for any third party software of any kind, downloaded from the Internet or otherwise acquired, and incorporated by the Client into the Website. Support Services are not included in the Services Fee and is invoiced to the Client.
THIRD PARTY SOFTWARE PROHIBITED
Client is strictly prohibited from installing any third party software on MyAgileVPS servers without the express written authorization of MyAgileVPS. In the event that the authorized third party software disrupts MyAgileVPS server, MyAgileVPS shall have the right to temporarily disable the software until the problem can be resolved. In the event that the Client installs third party software on MyAgileVPS servers without the express written authorization of MyAgileVPS, MyAgileVPS shall have the right to terminate the Services without notice. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits. We do not make any representations or warranties regarding, and are not liable for, the quality, availability, or timeliness of goods or services provided by a third party provider. You undertake all transactions with these providers at your own risk. We do not warrant the accuracy or completeness of any information regarding third party providers. MyAgileVPS will provide the amount of hard disk storage space specified in plans. In the event that the Client exceeds its allotted disk space, MyAgileVPS shall notify the Client to delete the additional files and the Client agrees to delete such additional files or pay supplemental charges for additional disk space.
UNSOLICITED EMAILS (SPAM)
Spamming, or the sending of unsolicited emails from a MyAgileVPS server or using a return email address that is maintained on a MyAgileVPS server is STRICTLY prohibited. For anyone intentionally spamming on our systems, we reserve the right of billing them hourly for any clean-up, research and related work from their illegal activities. Any attempts to undermine or cause harm to MyAgileVPS server or client of MyAgileVPS is STRICTLY prohibited. Accounts found in violation of this provision will be subject to immediate account deactivation and MyAgileVPS is the sole arbiter as to what constitutes a violation of this provision.
SECURITY & DATA TRANSFER RATES
The Client shall be limited to the amount of data transfer as specified in the plans put forth earlier, which shall include Web server traffic, FTP traffic and any other traffic generating program. MyAgileVPS shall have the right to disable the Website if a Client exceeds its allotted amount of data transfer. MyAgileVPS shall provide Client with a firewall to help prevent unauthorized access to Client’s Website, which will consist of hardware and software designed and configured to control or limit access to our computer and network resources. MyAgileVPS shall configure that firewall, provide intrusion testing, and upgrade and update the firewall throughout the Term. MyAgileVPS shall immediately notify Client of any breach of the firewall detected by MyAgileVPS.
BACK-UP DATA AND DISASTER RECOVERY, REPORTING
MyAgileVPS shall back up the Website and Client’s data randomly and do not provide regular backup. In the event that Client’s data is lost from Client’s servers, MyAgileVPS is no way responsible for restoring the data to Client’s servers unless and until the complete backup data is provided by the client. Clients are asked to have their own backup in their system or buying backup plans. MyAgileVPS shall not be responsible for data / files that cannot be recovered due to corrupt data, fires or any other disaster or event not in control of MyAgileVPS. MyAgileVPS will be restoring the backup in the event of any disaster on demand but with the backup provided by the client.
MyAgileVPS shall not disclose to any third party or use, except in connection with the performance of Services hereunder, any confidential information of the Client’s business learned by MyAgileVPS in the course hereof. Confidential Information shall include; Client’s plans for the Website Specifications of the Client’s Website and any future development plans Trade secrets of the Client Information derived from providing the Services when Website is in operation, including but not limited to: identities, contact information and credit card information of Client’s users confidential information of the Website’s use, such as number of users, unique visitors and unique visits Notwithstanding the forgoing, this confidentiality obligation shall not apply to any information which is already known to the public or in the event that MyAgileVPS receives a validly issued administrative or judicial order, warrant or other process that requires the MyAgileVPS to disclose all or part of the Confidential Information or is otherwise required to disclose any Confidential Information in order to comply with any law.
All services provided by MyAgileVPS may be used for lawful purposes only. Transmission, storage, presentation of any information, data or material in violation of law is prohibited. This includes, but is not limited to copyright material, material we judge to be threatening or obscene, or material protected by trade and other statute. The Client agrees to indemnify and save harmless MyAgileVPS from and against all losses, damages, actions or causes of action, suits, claims, demands, penalties and interest arising in connection with or out of any such Client Material provided by the Client.
Pornography and sex related merchandising are prohibited on any MyAgileVPS server. This includes sites that may infer sexual content and Link to adult content elsewhere.
Examples of non-acceptable content
- Pirated Software
- Bulk Email Related Products
- Hacking / Cracking related products
- Copyrighted MP3s / Videos / any other contents
- Site that contain material may be considered detrimental to Public Health, Safety, or Welfare this includes but not limited to bomb Making, Weapon Information, or anything else that may be consider as illegal or detrimental MyAgileVPS reserves the right to deactivate and remove any site at any time for any reason. MyAgileVPS will be the sole arbiter as to what constitutes a violation of this provision.
CLIENT ACCESS & COPYRIGHT VIOLATIONS
MyAgileVPS shall provide Client the ability to access data on Client’s Website and make changes with a password set by the Client. Client’s connection will be secured by the firewall or by a separate dedicated virtual private network solution.
The Client acknowledges that responsibility for all content provided by the Client to the MyAgileVPS for the performance of the Services or otherwise included in the Website is the sole and exclusive responsibility of the Client and that MyAgileVPS will not be held responsible in any way for any copyright infringement or violation, or the violation of any other person’s rights or the violation of any laws, including but not limited to infringement or misappropriation of copyright, trademark or other property right of any person or entity, arising or relating to the Client Content. The Client acknowledges and agrees that MyAgileVPS may elect at its sole discretion to monitor the Client Content. MyAgileVPS shall have the right, but not the obligation, to remove Client Content which is deemed, in MyAgileVPS sole discretion, harmful, offensive, in violation of any provision of this Agreement or breaches any law. The Client agrees to indemnify and save harmless MyAgileVPS from and against all losses, damages, actions or causes of action, suits, claims, demands, penalties and interest arising in connection with or out of any such Client Material provided by the Client.
MyAgileVPS strictly treat our clients with the utmost respect. In return we expect the same from each client. If our staff feels that you are consistently addressing them in a rude or demeaning manner, your account will be suspended and you may be asked to take your business elsewhere. In the event of terminating the services for support abuse, clients will be given Seven (7) days notice to find a new host.
Click here to read our refund policy.
COMPLIANCE WITH THE LAW
The Client acknowledges and agrees that MyAgileVPS may elect at its sole discretion to monitor the activities of the Client on its Website. Client agrees to use the Services and the Website for legal purposes only. In the event that MyAgileVPS becomes aware or reasonably believes, in its sole discretion, that the Website is being used for illegal purposes, MyAgileVPS shall be entitled to immediately terminate the Agreement and the Services without notice in addition to any remedies to which it may be entitled under law. The Client agrees to indemnify and save harmless MyAgileVPS from and against all losses, damages, actions or causes of action, suits, claims, demands, penalties and interest arising in connection with or out of any illegal use of the Services or the Website.