General contract terms and conditions for VPSPRO virtual private server serviceValid from: 2009. February 01. I. The provider
Provider name: Deploy IS Inc. (EU tax id: HU14483855)
Provider address: H-1032 Bp., Agoston street 2.
Customer service: vps@deployis.eu or info@deployis.eu
Paypal Secure Merchant ID: GSNFBA458JF8Y
The provider is referred to as "Deploy IS" or "Provider" henceforward.
II. Contract
The requestor who would like to use the service (henceforward Client), have to sign a contract with the Provider. The contract defines the rights and obligations, and the chosen service and its fee. Entering into a contract can be made via returning the filled Order Form, which contains the details of the Client - administrative and technical contacts - and the ordered service. The terms of the contract are defined herein, exceptions can be custom contracts, which might contain different agreements.
1. The Client notes his/her intention to use the services provided by the Provider via electronic methods, the Provider notifes the Client about the terms of using the services.
2. The Client and the Provider can enter into a contract with signing a written contract, or by the Client using the services and paying its fee as "implied conduct".
2.1. Written contract
Provider provides a contract form in electronic way that the Client has to print out, sign and return to the Provider via mail. After receiving it, Provider signs the Client's copy and returns it to the Client via mail, thus agrees to enter into the contract ("confirmation"). The contract is entered on the day the Provider sends it back to the Client, Provider notifies the Client about this in electronic method. If the Client requests it, the Provider is obligated to send a hardcopy of the General Contract Conditions to the Client.
2.2. Implied Conduct
Client can initiate entering into the contract electronically via filling out the Order Form. Provider has to reply to the Client within 3 days via electronic or printed form, and either accept the contract or ask for more details. The contract enters when Provider confirms the details via electronic or printed form.
3. Provider does not enter into a contract with natural persons under the age of 18.
4. Provider will only enter into a contract with a.) legal entities not registered within the EU, b.) natural persons not living in the EU, c.) natural persons living in the EU but not as EU citizens, if the will of the two parties are the same.
5. Either party can terminate the contract upon 30 days' written notice prior to the end of the then-current contract terms. Exceptions from this rule can be found at III. and IV/4. Client can terminate the contract immediately if the Provider deviates from III/2.
III. Payment
1. Conditions
The fees of the ordered service can be paid with bank wire transfer (standard way) or via Paypal. Provider's Paypal account is:
Provider reserves the right to charge double of the Hungarian standard interest rate as delay charge in case of delayed payment, counted from the time of expiry date of the bill.
If Client wishes to modify the service, a partial account item will be added to the next month's bill, covering the rest of the month from the day the Provider begins to provide the modified service.
If the contract was made with defined expiry date, Provider will inform Client 21 days prior to the expiry about the expiration and the option to prolong the contract. If Client does not reply to the information mail 14 days prior to the expiry, Client will be informed via postal mail. Given no reply, the contract will expire as defined.
2. Monthly payment
Provider will make out a bill up to the 10th day of the month on the actual month's service. The bill has an expiry time of 14 days. Provider reserves the right to suspend or restrict the service 5 days after the expiry of the bill.
3. Yearly payment
Provider will make out a bill on the yearly fee after entering the contract or after the turning day of the yearly contract, which has an expiry time of 30 days. Provider reserves the right to suspend or restrict the service after 30 days of the date of the bill's expiration.
IV. Service availability, Code of Conduct
1. Data security
Provider will not reuse or give to 3rd parties the information received in conjunction of the used service. Provider reserves the right to use these information for error detecting and fixing purposes, if the Client has been informed and agreed about it.
2. Service availability
Provider makes every reasonable effort to maintain the uninterrupted operation of the Services, subject to regularly scheduled server and network maintenance cycles, which can reach up to 1 hour monthly, and to prior the clients will be informed. However because many events and circumstances are beyond the control of Provider, Provider does not in any way warrant or otherwise guarantee the availability of the system or servers, including but not limited to Virtual Servers, and is not responsible for any delay or loss of data, lack of connection, slow connection, or any other such issues whether due to the active or passive negligence of the Provider. Provider reserves the right to limit or deny access to the servers, if, in the judgment of the Provider, such limitations or denials of access are required to assure the security of the network, the integrity of the network structure, or to prevent damage to the network, the software or the data stored on the Provider's systems.
Minimum yearly availability is 99.6% per calendar year. Availability is calculated on the Provider's network and its direct partner's IP network.
All servers and other equipment shall at all times remain the property of Provider and are not subject to customer demands.
3. Customer conduct
Provider's services and VPSes may only be used for lawful purposes. Any use which violates any local, state, federal, or international laws which may apply to Provider, Customer's local jurisdiction, or any jurisdiction that Client or Client's site may be subject to is strictly prohibited.
While using a Deploy IS service, customer will not:
- Restrict or inhibit any other user from using and enjoying the Internet;
- Post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, offensive, indecent, pornographic, profane, or otherwise objectionable information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, federal or international law, including without limitation the U.S. export control laws and regulations, and laws protecting intellectual property including copyright, trademark, trade secret, misappropriation and anti-dilution laws;
- Post, publish, transmit, reproduce or distribute any information or software which contains a virus or other harmful component;
- Operate an open mail relay;
- Transmit any unsolicited commercial or bulk e-mail or engage in any activity known or considered to be "spamming" or "Mail Bombing";
- Use any Deploy IS service to carry out, or assist in the carrying out of, any "denial of service" attacks on any other website or internet service.
V. Data usage
Provider encrypts all passwords and other, private identifiers with one-way encryption methods. Provider suggests that Client should also use such encryption to ensure maximum data protection.
Provider does not analyze the informations stored on the Client's service, and if any information belonging to the Client gets to Provider's knowledge, such will be handled with maximum privacy. This measurement extends to the information stored on Provider's other servers, for example daily backups.
Provider stores the access and authorization logs for one year time. Such information will not be provided to 3rd parties, except to the lookups or queries of the authorities.
VI. Jurisdiction
This Agreement shall be interpreted under the laws of the Hungary, without regard to any conflict of laws provisions.
VII. Dispute resolution Any claim, dispute or controversy with respect to, in connection with or arising out of this Agreement shall be subject to and decided by arbitration in Hungary.