Terms of Service
Use of VMhosts’s Service constitutes acceptance and agreement to VMhosts’s TOS (Terms of Service). From herewith in this TOS, the usage of “”us””, “”we””, “”our””, “”ours”” shall constitute reference to VMhosts, the usage of “”you””, “”your””, “”they””, “”them”” shall refer to client / customer of VMhosts. Due to our evolving business, and the changing nature of the virtual hosting industry, these terms of service may change. We will post the changes here, and your continued use of the service means you accept the changes we have made. In exchange for the fees you pay in advance we will provide you a virtual machine, so long as you abide by the terms and conditions that are set out on this page, and in any other agreements that relate to the services we may provide to you. We will provide the services according to the specifications listed for the VM package you select during the signup process. For clarity, on this page, the term “”services”” refers to the virtual machine services that we will provide to you. We will attempt to provide the services 24 hours a day, 7 days a week for as long as you have paid for them. Sometimes, however, for a number of reasons the services may be unavailable to you or your customers. You must recognize and acknowledge that due to the nature of datacenters technology, occasional unavailability of the services cannot be avoided. Sometimes there are equipment malfunctions. At other times we undertake periodic maintenance procedures or repairs. At other times there are causes beyond our control like power failures, interruption or failure of telecommunication or digital transmission links, hostile network attacks, network traffic and other occurrences. We have not promised to provide you with uninterrupted service, however we will do our best effort in all cases to make sure your virtual machine stays up and running.
We take your privacy very seriously. We only require details needed to complete your order and improve your online shopping experience. We only use these details for our own records and never sell them to third parties unless you agree we may do so. We do not store credit card details nor do we share customer details with any 3rd parties
In order to maintain integrity of service for all users in a virtual environment, it may be discovered from time to time that a certain account is not suitable for operation in a virtual environment on our servers. In this instance we will contact the account holder to discuss options. Reasons for such action may include, but are not limited to: Sites operating scripts requiring a large amount of CPU or Hard Disk resource etc. If your account continuously uses a high amount CPU usage for example, we may have to help you move elsewhere. This is an unlikely event unless you are using powerful resource using scripts or applications. Any attempts to undermine or cause harm to a server or customer is strictly prohibited. It may result in suspension or termination. If your account information is stolen and abuse is carried out, you are still responsible. This includes if your specific account has an attack, for example, a DOS attack and it uses an excessive amount of server resources.
You are allocated a monthly bandwidth allowance. This allowance varies depending on the virtual machine package you purchase. Should your account pass the allocated amount we reserve the right to suspend the account until the start of the next allocation and/or suspend the account until more bandwidth is purchased at an additional fee and/or charge you an additional fee for the overages. Bandwidth that exceeds your package allowance will be charged at £3 per 100GB and only sold in increments of 100GB. VMhosts will provide a full bandwidth usage report on request.
Microsoft SPLA Usage
VMhosts Ltd provide Windows data centre licensing within the T&C’s of your usage these costs are included within your resource usage. All additional Microsoft applications must be licensed via the VMhosts platform. Further licences can be purchased via our SPLA arrangements if required please contact your account manager.
Failure to report any changes and/or additions to your licensing to VMhosts within your billing period may incur fines and/or legal action by Microsoft.
Payment Information and Cancellation
You agree to supply appropriate payment for the services received from VMhosts, in advance of the time period during which such services are provided. You agree that until and unless you notify VMhosts of your desire to cancel any or all services received, those services will be billed on a recurring basis. As a client of VMhosts, it is your responsibility to ensure that your payment information is up to date and that all invoices are paid on time. VMhosts provides a 7 day grace period from the invoice due date and when it must be paid. Any invoice that is overdue for 7 days and not paid will result in an account deactivated and removed from the system. Cancellation of services can be made at any point. We require that cancellations of service are done through our customer portal to confirm your identity and you are prepared for all files to be removed. This process reduces the likelihood of mistakes, fraudulent/malicious requests, and ensures you are aware that the files and account may be removed after the last invoice paid has expired.
VM Product SLA
VMhosts guarantees a 99.9% uptime per calendar month. We will refund one days resource costs for every 43 minute period that your service is unavailable, up to a maximum of 30 days. VMhosts are responsible for providing network connectivity and infrastructure uptime. We are not responsible for Guest OS and application downtime. All SLA refund requests must be made within 7 days of the end of the calendar month via our customer portal. Microsoft SPLA costs are not covered as part of this SLA. Planned maintenance is NOT part of this SLA. At least 7 days prior notice is given to customers when performing planned maintenance. Duration of the downtime window will be provided with each notice.
Backups and Data loss
This SLA refers to our Backup service for virtual machines hosted on our infrastructure which are powered by Veeam. This SLA does not cover other backup and DR solutions which are powered by Evault, Zerto or any other backup services which protect machines hosted on private networks external to VMhosts. We will make every attempt to retain backups every 4 hours with 30 days retention with our optional backup service. However, as with any data storage systems, backups can fail. We encourage you to perform your own backups. In the event of an emergency we guarantee to perform a full restore of your server(s) within 24 hours, although we aim to fulfil restore requests within 1 hour. Emergency restores are free of charge. Our guaranteed restore response is only applicable to isolated virtual machine corruption. We also guarantee to provide access to your VM image files in emergency situations within 24 hours. These situations are defined as complete loss of the Stevenage and/or Enfield Datacenters or loss of VMhosts infrastructure, to the extent we are unable to perform local restores. In the event of isolated physical host hardware failure we will make every attempt to provide resource for your VM. Your use of our Backup services is at your own risk. VMhosts is not responsible for files and/or data residing on your virtual machine. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on VMhosts servers. Open files during the backup pass may not be consistent and we strongly recommend performing local backups of database applications so our backup solution can capture the backup images. Backups will not be provided for accounts that have been suspended or terminated for any reason unless otherwise agreed in writing by us. NO backups are provided for customers who haven’t purchased a backup add-on service. We will endeavour to attend to any restore related requests within the given SLA or a first come, first served and best efforts basis. We reserve the right to charge for any physical media backup sets requested by the client Backup service SLA, to provide the customer a point of restore from the last 48 hours of the request. Restores must be performed within 24 hours of the request. VMhosts will refund a maximum of one calendar month service charges for the backup solution only.
Prohibited Services and content
IRC is strictly prohibited from use on all of our servers. No exceptions. The following services are prohibited from use on our virtual machine accounts:
- Copyright infringement;
- Fraudulent or phishing content/scripts;
- IP or Port Scanners;
- Bruteforcing in any way; Spam (i.e. mail spam) Scripts;
- Lottery Websites (exceptions can be agreed);
- Hacker focused sites/archives/programs;
- Sites promoting any kind of illegal activity;
- Hacker focused sites/archives/programs;
Infringement of Copyright, Patent, Trademark, Trade Secret, or Intellectual Property Rights: Distributing and/or posting of the aforementioned infringements will not be tolerated. This includes warez, ROMs, mp3’s, mpeg’s or any other similar item that might violate one or more of these laws. Putting adult or similar images on your product is strictly against our Terms of Service. If you have content about a person, organisation or event that the parties involved don’t allow you to have or demand to be taken off your website, you must comply immediately or we will remove the content. This includes personal addresses, images and other personal details. If the images/details are technically not hosted on your website, but are shown on your website (i.e. iframes), this rule still applies. In all these circumstances we reserve the right to close your site without further notice. Anything relating to hacking (i.e. guides, links, discussion, archives, forums, advice, promotion, etc.) is strictly prohibited. If you wish to offer music downloads or stream music, for virtual machine products, you must contact us first to prove that you have permission from the authors to use their music and correct licenses in countries you provide the music to.
Zero Tolerance Spam Policy
We take a zero tolerance stance against sending of unsolicited e-mail, bulk emailing, and spam. “”Safe lists”” and “”double opt-in”” will be treated as spam. Any user who sends out spam will have their account terminated with or without notice. Sites advertised via SPAM (Spamvertised) may not be hosted on our virtual machine servers. This provision includes, but is not limited to SPAM sent via fax, email, instant messaging, or usenet/newsgroups. No organisation or entity listed in the ROKSO may be hosted on our servers. Any account which results in our IP space being blacklisted will be immediately suspended and/or terminated. VMhosts reserves the right to require changes or disable as necessary any process of an virtual machine that does not comply with its established policies, or to make any such modifications in an emergency at its sole discretion. VMhosts reserves the right to charge the holder of the account used to send any unsolicited e-mail a clean up fee. This cost of the clean up fee is entirely at the discretion of VMhosts.
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PayPal Payment Policy including Reference Transactions and Billing Agreements
We provide customers the option of allowing automated payments using PayPal reference transactions. This payment is slightly different to normal PayPal subscriptions. We do not store credit card details nor do we share customer details with any 3rd parties Our Cloud Units system provides customers with flexibility, allowing the consumption of resource as required on a prepaid basis. Rather than rely on a static month subscription, our billing system will automatically reorder additional Cloud Units when the account reaches a set Cloud Unit warning level. Our PayPal reference transaction payment agreement helps limit the chance of your account reaching a zero balance where cloud resource would normally be suspended. Invoices for all transactions will be provided. Customers can set their own Cloud Unit warning level and reorder amounts. As an example, customers may wish to order £10 of Cloud Units when the account balance reaches £10 (1000 Cloud Units). We don’t recommend setting a warning level below a typical 5 days usage level. This will prevent unexpected service suspensions due to any unforeseen payment issues. If you need any help estimating your daily usage please refer to our Cloud Unit page which details costs or contact our support team. Billing Agreements can be cancelled at any time via our customer portal. All unused Cloud Units carry over month to month and are fully refundable. Customers are NOT required to enter this PayPal reference transaction Payment Agreement. Cloud Units can be purchased on an adhoc basis at any time with no subscription requirements, or with a traditional PayPal reoccurring subscription payment.
We aim to deliver any hosted services within 1 working day of received payment. In most cases delivery will be instant and available via our self service portal. In some situations additional checks maybe required.
All unused cloud units are fully refundable. Refunds on used units will be at the discretion of VMhosts. If you have any questions regarding the consumption of Cloud Units please open a support ticket before making any resource changes. Unless otherwise stated all licensing including Backup and Microsoft SPLA is licensed on a per month basis. VMhosts are unable to offer any refunds on software licenses.
Changes To Our Terms of Service
This policy was last reviewed and updated on the 5th August 2020. Policies are periodically reviewed to ensure compliance with the current compliance environment.