The following terms (the “Terms”) govern your use of the www.vpsify.net website (the “Site”). By using the Site, including but not limited to, accessing the Site; placing an order through the Site; contacting us through the Site, or initiating a request for us to contact you by email, you are consenting and agreeing to these Terms and to comply with all applicable laws and regulations. If you do not agree to these Terms, please do not use the Site. The terms “VPSify,” “We,” “Us,” or “vpsify.net” refer to Guidance Hosting Inc. and its subsidiaries and affiliates.
You may place an order through the Site to receive access to a virtual private server offered by VPSify (the “VPSify Hosted Server”). In conjunction with the VPSify Hosted Server, VPSify may also provide related support services and additional agreed upon services (the “VPSify Services”). Your use of the VPSify Hosted Server and the VPSify Services shall be subject to additional Terms and Conditions of Use.
You may only use the Site if you are at least 18 years old. We reserve the right, for any reason, in our sole discretion, to terminate, change, suspend or discontinue any aspect of the Site. We may also impose limits on certain features of the Site or restrict your access to part of or the entire Site, without notice or penalty. Each user is solely responsible and liable for his or her transmissions through this Site.
The Site and any necessary software used in connection with the Site contain proprietary and confidential information that is protected by intellectual property laws in all applicable jurisdictions. You acknowledge and agree that information and materials presented through the Site are protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. The Site hereby grants you a limited, personal, non-transferable and non-exclusive right and license to use the Site on a computer or other Internet device subject to the Terms; provided that you do not (and do not allow any third party to) copy, reproduce, distribute, reverse engineer or otherwise exploit any content, code, data or materials on the Site. The design and layout of the Site are specifically excluded from this limited license. No other use of the Site is authorized. Framing of the Site or posting of information displayed through the Site on other websites is strictly prohibited. The products, technology, and/or processes described and/or used on the Site, including the VPSify Hosted Server and the VPSify Services are the subject of VPSify’s intellectual property rights. Except for the limited license granted above, nothing contained herein shall be construed as conferring to you in any manner, whether by implication, estoppel or otherwise, any license, title, or ownership of or to any intellectual property right of the Site. Except as expressly permitted by applicable law or as authorized by us, you agree not to modify, sell, distribute, transmit, broadcast, publicly perform or create derivative works based on the Site, in whole or in part.
You agree not to modify the Site in any manner or form, nor to use modified versions of the Site for any purpose. We do not grant any license or other authorization to any user to use our trade names, trademarks, service marks or other marks or logos without our separate express written agreement. Any questions, comments, suggestions, or materials submitted to us through the Site will become our sole property. We will own all rights in such materials, and have the unrestricted right to use, publish and otherwise disseminate such information for any purpose, without attribution or compensation. You are solely responsible for your actions and communications undertaken or transmitted using this Site.
You agree that you may not use the Site: in any manner that is prohibited by law or regulation, or to facilitate a violation of any law or regulation; to violate, plagiarize, or infringe the intellectual property, contractual or privacy rights of any person in connection with any use of the Site; to attempt to or modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used to prove the Site, VPsify Hosted Server, and/or VPSify Services; to transmit unlawful, fraudulent, offensive, obscene, pornographic, abusive, harassing, threatening, discriminatory or otherwise obscene material; to send defamatory or libelous messages; to send viruses or other harmful, disruptive, or destructive files; to attempt to or steal passwords or credit card information; provide false or misleading information; to obtain unauthorized access to the Site, VPSify Hosted Server, and/or VPSify Services; to interfere with use of the Site, VPSify Hosted Server, and/or VPSify Services by others; or to encourage conduct that would give rise to civil liability. You agree that you will not impersonate VPSify personnel or other persons or entities or use any electronic mail message, device, software or programming routine that may impair or interfere with the operation of this Site. To the extent that you register for or create an account with the Site, you agree that VPSify and its employees may have access to your account and records as reasonably necessary to investigate complaints and maintain the Site in general.
Violations of the Terms will not be tolerated and may result in being blocked from the Site and/or having access to the Site, VPSify Hosted Server, and/or the VPSify Services terminated immediately, with or without notice to you, and without liability to you, if Company has a reasonable belief that you have violated any of the Terms. To the extent applicable, the Site may disable the user’s account without compensation or refund. The Site may also pursue any other remedies available to it under applicable law.
By providing your User Data to us through the Site and ticking the box to join our mailing list, you are consenting to receive communications from us directly, on our Site or through a third party. By providing us with your email address, we may periodically send you email communications, including offers and promotions. If you no longer wish to receive these communications, please let us know by sending an email at firstname.lastname@example.org. You may also opt-out by clicking on the unsubscribe link in our emails.
The information and services on and provided through the Site are provided "as is" and use of this Site is at your sole risk. We make no representations or warranties that the Site will be suitable for your needs, is complete, timely, reliable, or free from errors, inaccuracies or typographical mistakes. We disclaim ALL REPRESENTATIONS, WARRANTIES AND GUARANTEES OF ANY KIND, EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTIBILITY OR FITNESS FOR PARTICULAR PURPOSE.
THIS SITE, INCLUDING ANY INFORMATION AND MATERIALS, ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THERE IS NO WARRANTY AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SITE, (INCLUDING, BUT NOT LIMITED TO, ANY INFORMATION, MATERIALS, THE VPSIFY HOSTED SERVER, THE VPSIFY SERVICES, DATA, TEXT, IMAGES, SOUNDS, OR COMPUTER PROGRAMS (INCLUDING COLLECTIONS AND COMPILATIONS OF THEM)) OR AGAINST INFRINGEMENT. IN NO EVENT SHALL THE SITE, GUIDANCE HOSTING INC., OR ANY OF ITS OWNERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUBSIDIARIES, AFFILIATES, OR SERVICE PROVIDERS (COLLECTIVELY, THE “PROTECTED ENTITIES”) BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO, YOUR USE OF, OR INABILITY TO USE, THE SITE AND THE VPSIFY HOSTED SERVER OR VPSIFY SERVICES OFFERED HEREBY, OR THE CONTENT, MATERIALS AND FUNCTIONS RELATED THERETO, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION IN THE AGGREGATE INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION, AND ANY OTHER TORT. IN THE EVENT THE FOREGOING LIMITATION OF LIABILITY SET FORTH HEREIN SHALL BE FOR ANY REASON HELD UNENFORCEABLE OR INAPPLICABLE, YOU AGREE THAT THE PROTECTED ENTITES’ AGGREGATE LIABILITY SHALL NOT EXCEED FIVE DOLLARS ($5.00). THE ABOVE LIMITATION MAY NOT APPLY IN ALL JURISIDICTIONS OR TO ALL USERS. IF YOU ARE NOT IN AGREEMENT WITH THE FOREGOING, YOUR SOLE REMEDY IS TO TERMINATE THIS AGREEMENT AND DISCONTINUE USE OF THE SITE.
The Parties acknowledge that the VPSify Hosted Server and the VPSify Services are or may be subject to export laws and regulations of the United States and the destination country(ies) and any use or transfer of such must be authorized under all applicable laws. Customer agrees to comply with the export laws and regulations of the United States.
To the extent the Site includes links to other third party websites, we have no responsibility for the accuracy or availability of information provided by other sites to which you may link from the Site. The availability of these links does not constitute an endorsement of, or association with, such sites or the content, products, advertising or other materials presented on such sites. Neither the Site nor the Protected Entities makes any representations or give any warranties with respect to any information contained in or at these other sites and neither the Site nor the Protected Entities shall be liable for any damages or injury arising from the content of these other sites. Neither the Site nor its affiliates endorses the individuals, companies, or other similar entities, or any products or materials associated with such individuals, companies, or other similar entities, that provide a link to this Site. You acknowledge and agree that we are not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on any content, goods or services available on such sites.
These Terms are subject to change from time to time and at any time, and such changes will be effective upon posting to the Site. Use of the Site following any modifications to the Terms signifies your acceptance of such modifications.
The Site and these Terms are governed by the laws of the State of Nevada without giving effect to any principles of conflict of laws. If any provision of these Terms shall be held to be invalid, illegal or unenforceable, the remaining provisions shall not in any way be affected or impaired. By using this Site, you hereby submit to the jurisdiction of and agree that all claims and disputes arising out of or related to your use of this Site, VPSify Hosted Server, and/or VPSify Services, including all services provided by VPSify and the Protected Entities, shall be submitted to and resolved by binding arbitration administered by the American Arbitration Association (AAA) in accordance with its Commercial Arbitration Rules, in Las Vegas, Nevada, and shall not be consolidated in any arbitration with any claim or controversy of any other party. In no event shall the arbitrator(s) have any authority to award punitive or other damages not measured by the prevailing party’s actual damages, except as may be required by statute. Irrespective of the outcome of arbitration, each party shall bear its own costs and expenses, including its own attorneys’ fees, and an equal share of the arbitrator(s)’ fees and administrative fees of arbitration. The arbitrator(s) shall not determine or award any alternative allocation of costs and expenses, including any attorney’s fees. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. Either you or VPSify may seek any interim or preliminary relief from a court of competent jurisdiction necessary to protect the rights or property of you or VPSify pending the completion of arbitration. Persons who choose to access this Site from other outside of the United States do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
You hereby agree to refrain from and waive all rights to participate in a class action, a class-wide arbitration, claims brought in a representative capacity, or consolidated claims involving another person’s User Data. Upon the date of submission of your User Data, you shall have thirty (30) days to opt-out of this arbitration agreement. After thirty (30) days these terms of this Section hereby become final and binding.
The Site has the right to revise these Terms at any time by posting the updated date on the Terms to indicate an update. By using this Site, you agree to be bound by any such revisions and should therefore periodically visit this Site to determine the then-current Terms to which you are bound.
To contact the Site with any inquiries or complaints, including any regarding these Terms, you may contact us via email at email@example.com, or via mail at: 3411 Silverside Rd. Baynard Building, Suite 104 #PMB 6, Wilmington, DE 19810, United States.
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