You will be held responsible for all actions performed by your account whether it be done by you or by others! If server security is compromised, the account holder is responsible for all violations of the TOS and AUP, including SPAM, and all disconnect and reconnect fees associated with violations.

VortexNode Responsibilities

VortexNode agrees to furnish services, which are paid for, to the Customer, subject to complete compliance to the AUP and TOS. VortexNode reserves the right to refuse any potential customer, at the sole discretion of VortexNode.


Changes

The TOS and AUP are both subject to change at any time at the sole discretion of VortexNode, a change in policy shall not be grounds for early contract termination or non-payment. Customer recognizes that the nature of the service supplied and the initial rates and charges have been communicated to Customer. The Customer is aware that from time to time rates may change based on availability of hardware and overall market fluctuations, and that sale items are subject to change regardless of the contract terms. if a change is going to in any way alter the recurring monthly bill of a customer, it will be communicated prior to actual billing.


Refunds

All Hosting services rendered by VortexNode are eligible for a limited refund. Refunds are only offered within 14 days of account registration, and only applies to the first service of a new client. Additional orders are not eligible for a refund. Services that are suspended or terminated due to non-compliance of the AUP and TOS are not eligible for refunds. Services that have utilized 50% or more of their allotted bandwidth are not eligible for refunds. THERE WILL BE NO REFUNDS FOR VPS SERVERS AND DEDICATED SERVERS IF BREAKING ANY TERMS OF SERVICE OR AUTHORIZED USE POLICIES.

ALL VPS OR DEDICATED SERVERS PURCHASE UNDER SALE TERMS (I.E. NOT AT FULL PRICE) ARE EXEMPT FROM REFUNDS, THIS IS DUE TO PARTICULARLY HIGH FRAUD RATES.


Billing Methodology and Information

VortexNode invoices for all services 14 days prior to the due date. You are responsible for arranging payment by the due date. Accounts that become past due will be subject to a 20% (twenty percent) late fee after 3 days of being overdue. This late fee is non-negotiable and will be automatically added to any overdue invoices. After an invoice becomes 3 days past due, all services affiliated with the invoice are subject to immediate suspension. Excessive tardiness will not be tolerated and could result in services being terminated or additional late fees being assessed.


Fraud

In the event fraud is discovered, the fraudulent customer is subject to immediate suspension/termination at the sole discretion of VortexNode. All information available to VortexNode about the fraudulent account/server will be submitted to both local authorities, as well any financial institutions involved. All fraud orders are investigated, and all fraudulent customers will be prosecuted to the fullest extent of the law, whether it is within the United States, or abroad.


Disputes and Chargebacks

The Customer acknowledges that any attempt to dispute or initiate a chargeback with Paypal or their Credit Card issuer will result in a suspension of all services and a fine of $15 will be assessed to the customer's account. A chargeback imposed under false pretenses is considered Fraudulent and will be treated as such.


Financial Liability

The Customer acknowledges that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of VortexNode, and that damages resulting from any interruption of service are difficult to ascertain. Therefore, the Customer agrees that the company shall not be liable for any damages arising from such causes beyond the direct and exclusive control of VortexNode. The Customer further acknowledges that VortexNode's liability for its own negligence may not in any event exceed an amount equivalent to charges payable by subscriber for services during the period damages occurred.


Support

VortexNode provides hardware support related to customers server functioning. VortexNode does not offer software support outside of the installation of items chosen from the order form. VortexNode only guarantees the default installation of any software, and in no way assumes liability for the configuration of any software. VortexNode is not responsible for any downtime associated with mis-configuration of Operating Systems. VortexNode may provide enhanced software support (including kernel configuration), for an additional fee. Please ask sales or billing for enhanced support pricing. Linux Hosting customers may reinstall their Operating System from within their control panel interface. VortexNode does not provide any type of Support to the Customers of our Customers (Third Party Customers). We will only provide support directly to Customers of VortexNode.


Spam/Bulk Email Policy

SPAM complaint procedure:
  • Identify the server the spam was initially sent from (via IP)
  • Create a comprehensive list of the spam complaints associated with the server in question.
  • An instance of a spam complaint is defined as one marketing E-mail.
  • An Abuse Notification may, and typically will be, comprised of numerous spam complaints.
First Spam Abuse Notification (VortexNode -> Client):
  • Provide the Abuse Notification to the client, and suspend service. Failure to respond within 24 hours may result in service termination.
  • After two Abuse Notifications are issued service may be subject to termination, as well as ineligibility to order any future servers.
  • If an IP range or IP address has been black-listed as a result of a spam complaint, VortexNode will terminate the service.
  • Upon receiving complaints, VortexNode will notify the client by issuing an abuse notification.
    • On the first notification, VortexNode will warn the client, as well as suspend services.
    • On the second notification, VortexNode will terminate services.
  • Compromised Servers Issued Spam Notifications: If VortexNode suspects that a client's server has been infiltrated in an effort to send Spam/Bulk e-mail, VortexNode will offer the following options:
    • Offer a free Operating System reinstallation, setting the configuration back to the original state it was provisioned in.
    • If Operating System reinstallation is not accepted as an option, VortexNode may offer to manually retrieve/repair the files on the server, at a fee to be assessed and paid prior to any work being done.
    • On the second instance of server compromise VortexNode reserves the right to terminate the client's services.

If any Spam complaints are disputed, full logs, as well as any requested information must be provided within 24 hours of the initial Abuse Notification. Failure to dispute, or provide required information within the 24 hour time period is acceptance of the notification, and all fees associated with it.


DMCA Complaints

VortexNode handles any and all DMCA complaints very seriously, and will investigate them. VortexNode reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. The first violation of this policy will result in an 'Administrative Fee' of $250, and if severe enough, potential termination of the server or account. A second violation will result in an 'Administrative Fee' of $500 and will also result in the immediate termination of the server or account. Users who violate this policy agree that in addition to these "Administrative" penalties, they will pay "Research Fees" not to exceed $175 per hour that VortexNode personnel must spend to investigate the matter, to be charged only if claims are found to be valid. We take DMCA Complaints extremely seriously, save yourself and us the trouble. If you would like to report a DCMA violation to VortexNode please use our Contact Form.


Usage and Overages

Customers Agree to pay any and all overage charges accrued on their account from the previous month. Bandwidth overage charges are billed per terabyte at a rate of $2.50 (two dollars and fifty cents). VortexNode reserves the right to suspend any account which does not pay all overage charges. VortexNode is not responsible for spikes in bandwidth that are caused on a customer's server for any reason. Customer is liable for all bandwidth to and from their server.

Customer's programs and services may not use more than 90% of one CPU core per process thread for more than 15 minutes. Customer's programs and services will be limited to 90% of 1 CPU core if found to be using more than 90% of one CPU core per process thread. Subscriber's programs and services may not use more than 200% of two CPU cores for more than 2 minutes.


IP Blacklists

If any Customer or any Third Party User that is a customer of our Customer uses VortexNode services, network, or its physical infrastructure in a manner that causes VortexNode, or any IPs issued by VortexNode to be blacklisted or blocked, VortexNode reserves the right to suspend or terminate services of such customer and/or suspend or terminate the access to services, network, and/or its physical infrastructure. Operating VortexNode service on behalf of, or in connection with or reselling any service to persons or firms listed in the Spamhaus Register of Known Spam Operations database at www.spamhaus.org shall constitute a violation of this AUP.


Network Security

Customers are required and obligated to maintain all security on their servers. Any and all additional charges that are incurred due to customer lack of monitoring or security are the responsibility of the customer.


Denial of Service Attacks

Any activity which affects the ability of other people or systems to use any services or other Internet services. This includes "denial of service" (DOS) attacks against another network host or individual user. Interference with or disruption of other network users, services or equipment is prohibited. It is the client's responsibility to ensure that their server is configured in a secure manner. A client may not, through action or inaction, allow others to use their network for illegal or inappropriate actions. Unauthorized entry and/or use of another company and/or individual's computer system will result in immediate account termination.


Law Enforcement

If VortexNode is required by law to submit customer information to law enforcement officials when presented with a valid subpoena from a court with proper jurisdiction. Information requested is disclosed as directed pursuant to the subpoena. The safety and privacy of any customer will only be compromised by the court order of a subpoena. VortexNode will notify the customer of the information request as allowed by the subpoena.


Payment Verification

Customers agree to potentially having to submit to fraud checking measures, designed for both the security of the customer as well as the security of VortexNode. The fraud checks require faxing of two forms of Government issued identification to VortexNode, a front and back copy of the Credit Card used as payment, as well as a copy of a utility bill will the billing address.

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