Agreement

Company FASTVPS  puts on its page the following Public Offer Contract for individuals and legal entities.

Contents

1. General clauses, terms and definitions

2. Subject matter of the contract

3. Use of service

4. Area of Responsibility

5. Registration scheme

6. Procedures for the provision of services and payment for services

7. Funds returning

8. The rights and obligations of the Customer

9. The rights and obligations of the Company

10. Traffic supervision

11. Prohibited content and software

12. Guaranteed service levels

13. SMS and email informing

14. IPv4 and subnets dedication substantial conditions

15. Free technical support regulations

16. Handling complaints about servers 

17. Liability of the parties, disputes resolution

18. Contract modification and contract cancellation

1. General clauses, terms and definitions

1.1 Service – is a service or work provided by the Company in accordance with the present contract;

1.2. Billing-system – automated system of Services documentation, tariffication and invoicing. Billing-system is located at my.fastvps.us;

1.3. Ticket-system – a communication system between the Company and the Customer provided via Company's Billing-system

1.4. Host-node – a platform that contains several virtual servers (VPS, VDS);

1.5 Data-center – special building dedicated to housing (hosting) servers and communications equipment connected to the Internet channels; Also understood as a third-party company, that provides services to the Company except cases where own Data-center is implied.

1.6. Operating System (OS) – a system of controlling and processing software which, on one side serve as an interface between computing system hardware and application programs, and on the other side, is designed to control hardware, computing processes, effectively distributing compute resources between compute processes and organizing reliable computations;

1.7. Software – a set of programs for data handling system and software documents necessary to use these programs;

1.8. Control panel – software for remote administration of the Web server through an Internet browser.

1.9. Domain – a text entry on the DNS server that allows access to the requested resources with the help of addressing

1.10. Traffic – an amount of information transferred via Internet during the particular period of time;

1.11. Server – a dedicated and/or specialized hardware for service software execution;

1.12. Virtual dedicated server VPS/VDS (Virtual Private Server/Virtual Dedicated Server) – a type of hosting, when a physical server is being divided on several so-called Virtual Dedicated Servers which, in turn, are being granted a lease of to Customers; VPS/VDS tariffs are EVO, FPS, OVZ, ML;

1.13. Company – a legal entity (commercial company) FASTVPS, providing services under the present contract conditions;

1.14. Customer – a User, an individual or a legal entity that receives a service of Dedicated Server and/or Virtual Dedicated Server described in Chapter 1 of the present Contract;

1.15. End-user – a Customer who is not providing a Dedicated Server and/or Virtual Dedicated Server leasing service;

1.16. Home page – FASTVPS home page available by the Internet address at: www.fastvps.us;

1.17. Server suspension – a Dedicated or Physical Server condition when it is unable to perform the tasks set, but keeps containing the information stored up to date;

1.18. Private data – the data about an individual received by the Company due to providing services under the present Contract.

1.19. DoS, DDoS – an attack on a computer-based system to make it unavailable.;

2. Subject matter of the contract

2.1. The subject of the present contract offer for individuals and legal entities is to provide the service of leasing dedicated and/or virtual servers in the form of resources of dedicated servers connected to the Customer Local Area Network and providing information traffic with the Internet as well as the ability to store Customer’s data.

2.2. The present contract is concluded for an indefinite period and comes into force at the moment of its acceptance described in the clause 5.10 of the present contract. Thereby FASTVPS Contract in force as of 19.09.2011 becomes invalid.

2.3. All the additional services not described in clause 2.1. are provided to the Customer in accordance with the amendment to contract that is an integral part of the present contract.

3. Use of service

3.1. The Company provides services described in clause 2.1. of the present contract, monitors the hosting Virtual Dedicated Server equipment operation and ensures the equipment performance. The Customer independently monitors Virtual Dedicated Server operation and performance.

3.2. The Customer independently monitors Dedicated Server operation and performance.

3.3. The Company provides the services described in clauses 2 and 3 of the present contract. The terms and conditions are true to all packages/tariffs and countries where the services are provided.

3.3.1. Agents, authorized by the Company, are not service providers and can not be responsible for the quality of the services provided. In case of complaints about the performance of Technical Support Department or Customer Care Department, the Client may report to [email protected].

3.4. Registration on the Company FASTVPS Billing-system and payment on the personal account of the Client takes place in accordance with the procedure described in Chapters 5, 6 and 7 of the present contract and means the full familiarization and full acceptance with the terms and conditions of the contract.

3.5. The present contract regulates the relationship between FASTVPS Company (hereinafter referred to as Company) and Company’s Customer (hereinafter referred to as the Customer). The present contract offer does not require signing in writing.

4. Area of Responsibility

4.1 The Company takes full responsibility for host-nodes (VPS nodes) and Data-center (pre-border routers) quality of operation.

4.2. The Customer takes full responsibility for chosen configuration, OS malfunctions and VPS/VDS quality of operation in general (in case it is not caused by violation of the clause 4.1. of the present contract).

5. Registration scheme

5.1. In order to receive the services described in chapters 2 and 3 of the present contract, the Customer need to register on billing system at my.fastvps.us. During the registration procedure the following data shall be provided on a mandatory basis (see the registration form on the Company page at https://my.fastvps.us/register)

5.1.1. Name, last name;

5.1.2. Email address;

5.1.3. Full mobile phone number without a country code;

5.1.4. Full residential address, including street name, house and apartment numbers;

5.2. The data specified in the clause 5.1 has to be accurate. The Customer should be ready to confirm the data provided over the phone. Otherwise the Company has the right to refuse the Service provision.

5.3 It is not obligated to register or own a domain to start using a VPS or a Dedicated Server. Upon registration it is possible to note that the domain exists and is being registered at the third-party company.

5.4. After the registration procedure in the order, specified in the clause 5.1. of the present contract, the Customer receives an information letter by email and SMS containing all the required technical data as well as payment instructions.

5.5. The registration time is unlimited. After completing the registration procedure, the Customer is able to make the payment anytime. The payment is made in accordance with tariff prices. Tariff prices can be viewed at Company’s web-siteat www.fastvps.us;

5.6. In the event when the Company is not able to provide the service specified in chapters 2 and 3 of the present contract on account of technical issues, emergency situations or any other objectively reasonable causes, the funds, payed for the service by Customer shall be refunded to the Customer in accordance with the order specified in the present contract;

5.7. In the event when registration procedure can not be completed by the cause of mismatch of the data provided by the Customer or any other causes, the Company may ask the Customer to provide documents  confirming his/her identity;

5.7.1. In the event of providing deliberately false data, IP or phone number mismatch with the location provided by the Customer, a payed stamp-confirmed scanned-copy of a utility bill or a bill for telecommunication services indicating Customer’s name, last name and residential address may serve as an identity confirming document;

5.8. In the event when the contract is renewed (in case it was suspended), mobile phone number confirmation is done in fully automated mode before making-out of an each new order.

5.9. Completing the registration procedure described in the present chapter shall be deemed as acceptance of the terms and conditions of the present contract.

5.10. By accepting the present contract the Customer therefore confirms his/her consent to the processing of his/her personal data on the conditions stipulated in the present chapter of the present contract.

5.11. The Customer has the right to withhold one’s consent for processing of his/her personal data described in the present contract or withhold the previously given consent and provide corresponding application in accordance with the present contract;

5.12. All the services applied to the account of the Customer belong to the person who owns the account;

5.13. All the services must be payed for by the account owner. In the event when services are being payed for by a third person, the account owner has to notify about this occasion in advance;

5.14. The Customer shall be liable for any obligations and liabilities arising from transactions and other relations with third parties. The Company shall not be liable for any of the Client’s activity;

5.15. Any payment made by a third person must be confirmed by the fact that the third person made the payment on behalf of the account owner.

6. Procedures for the provision of services and payment for services

6.1. Services are paid for by the Customer using the billing-panel of the Company except the cases of manual payment (manual payment – a direct payment to the bank account of the Company);

6.2. All services described in the present contract are only provided after the terms of the present chapter are respected. Test period is not provided by the Company.

6.3. Payments can be made according to the system described on the main web page of the Company at  www.fastvps.us or by manual payment in accordance with the conditions described in clause 6.1 of the present contract.

6.4. Once automated payment, described in clause 6.1, is successful, the fact of the payment is recorded in the billing system of the Company;

6.5. For manual payment the Customer is obligated to contact Customer Care Department and confirm the payment procedure. The fact of payment will become confirmed once Customer Care Department employee has recorded the payment in the billing-system of the Company;

6.6. The invoice for a subsequent period has to be payed no later than the due date stated on the invoice. Conversely the server is to be suspended within 24 hours after the due date;

6.7. Whenever a VPS service is suspended the VPS image is stored for 14 (fourteen) days on the backup server of the Company. The data on the backup server is removed along with the service. After the period of 14 days the data can not be restored;

6.8. VPS unsuspension, as stated in clause 6.6. of the present contract, is made within 24 hours after full payment for the service is made. It is recommended for the Customer to create a ticket (e.g. report to Customer Care Department) about making the payment;

6.9. In the event, described in clause 6.6. the Customer is obligated to make a full payment for the service covering the whole subsequent period including the suspension period;

6.10. Virtual Dedicated Server activation period is up to one hour from 10.00 till 18.00 GMT+4 in case of a regular order (without software configuration), or in case of the FastPanel included order. In other cases the activation period may take from 24 to 48 hours;

6.11. A month period is taken as 30 days net;

6.12. Payments shall be made timely by the Customer in accordance with the present contract. If an invoice is not received by the Customer, the Customer is obligated to notify the Company about the fact of not receiving the invoice.

6.13. If the Customer has any debts, the Company has the right to claim the debt from the Customer with the help of a third-party. In this case the Customer is obligated to pay not only the debt, but also the debt collection expenses;

6.14. The company does not provide services based on the principle of the lending.

6.15. Any claims from the side of the Customer related to payments shall be made to the Company within one year from the moment of realization of a basis for the claim. While the claim is being processed the Customer is obligated to pay timely for the services that are not subjects of the dispute.

6.16. In the event when the Customer on his/her own or with the assistance of third parties is requesting a change back from an electronic payments aggregator, the Customer is charged 50 USD for such action. The Customer is obligated to settle any payment concerning disagreement with the Company directly.

6.17. The Customer takes full responsibility for the consequences related to payments for services made by a third party. In the event when a charge back has been requested by a third-party, the Company shall claim 50 USD from the Customer.

6.18. VPS/VDS renewal for incomplete accounting period (by days) is carried out on the double tariff.

7. Funds returning

7.1 The Customer has a right for refund for unused services according to clause 7.4. of the present contract. These funds are credited to the Customer’s account in the billing-system of the Company and can be spend on any other services provided by the Company, transferred to an account of another Customer or refunded to the Customer. The refund can be made to:

7.1.1. E wallet in WebMoney payment system;

7.1.2. bank card or PayPal account in case the payment was made from bank card or PayPal account;

7.1.3. Customers bank account;

7.2. The refund described in clause 7.1. is made within 30 calendar days;

7.3. To obtain a refund the Customer is obligated to send a ticket to the Customer Care Department of the Company;

7.4. Only unused amount of actually payed amount can be refunded. Only payment for a basic service can be refunded. Basic services include:

7.4.1. VPS server;

7.4.2. Dedicated server;

7.5. Payment for services such as control panels, advance payment and setup fees for IP addresses and DNS-service, domain names and other services are unrelated to basic services;

7.6. Refunds, described in clauses 7.1 and 7.4 of the present contract, can only be made for whole unused months;

7.7. A commission of 7% shall be withheld from the refund amount in the event of refund to WebMoney or bank card or PayPal account. A commission of 7% withheld in the event of refund to Customer’s bank account plus commission for the payment order the amount of which depends on the Customer’s bank country.

7.8. If the Company has suffered damage (servers or networks disconnection, IP black-listing etc.) by the fault of the Customer who is being refunded, the damage is payed for from the refunded amount during the pre-trial or trial proceedings.

7.9. The processing of electronic payment service is not refundable and is to be deducted from the total sum of the refund.

8. The rights and obligations of the Customer

8.1. According to the terms and conditions of the present contract, reselling of the services provided by the Company is forbidden;

8.2. After completing the registration procedure the Customer is provided with root access to the server. The responsibility of using the server is delegated to the Customer in accordance with the terms and conditions of the present contract;

8.3. The Customer has the right to install any kind of software on the VPS as long as it is legal and does not violate copyrights and does not violate the existing rules of copyright and allied rights under US or EU law as well ethics standards and rules of morality;

8.4. The Customer is obligated to ensure that all the uploaded content to the server is legal, does not violate copyrights and does not violate the existing rules of copyright and allied rights under US or EU law as well ethics standards and rules of morality;

8.5. By using the right given in the clause 8.3, the Customer is fully responsible for his/her public statements on his/her VPS server and actions against the Company or other users made in cynical or any other form unacceptable by ethics standards and rules of morality;

8.6. The Customer is not allowed to use non-existing return e-mail addresses, perform mailbombing, mail out SPAM, post SPAM to on-line communities like forums, guest books etc;

8.7. In the event when the Customer commits violations described in clauses 8.4.-8.6. of the present contract, the Company has the right to suspend Customer’s VPS in accordance with clause 8.9. of the present agreement;

8.8. All questions concerning Client’s server performance can only be considered via the Ticket system of the Company in the order stated in the chapter 5 of the present contract. All the required data has to be specified when creating a ticket;

8.9. In the event when the Customer is not taking any measures to resolve an upcoming complaint described in clause 9.4. of the present contract, the Company and the Data-center of the Company has the right to suspend Client’s server without sending any additional notification;

8.10. According to the terms and condition of the present contract the Customer is not allowed to assign IP addresses that were not delegated to the server by the Company.  Conversely the server is suspended automatically and a notification is send to the Customer via ticket-system;

8.11. It if forbidden for the Customer to provide any kind of DNS support services or domain parking services based on the DNS support service of FASTVPS Company. Cybersqatting is strictly forbidden;

8.12. Any kind of reselling of DNS support service of the Company FASTVPS (both the direct transmission of passwords, and indirectly, through API) is forbidden;

8.13. It is forbidden to use DNS support service of the Company FASTVPS to direct domains to any kind of illegal web-sites that violate the existing rules of copyright and allied rights under Russian, EU or US law as well ethics standards and rules of morality;

8.14. The number of domains hosted on the DNS-servers of the Company for one account is limited to 100 domains. The limit may be increased up to 300 domains per account on the condition of providing  the Customer-side motivated technical demand;

9. The rights and obligations of the Company

9.1. The services of the Company are provided on the terms and conditions described in the present contract. The modification of the present contract occur in the manner described in chapter 23 “Contract modification and contract cancellation”

9.2. The Company is obligated to maintain adequate quality of host-nodes, eliminating any fault as soon as possible. Timely responses, customer complaints resolving and prompt reaction to fault signals are guaranteed.

9.4. The Company is not liable to the Client for the wrongful acts of third parties, as a result of which Customer's confidential information may be disclosed or other actions committed resulting in damage to the equipment of the Company, stealing and/or damage of the Customer's data. The Company is not responsible for the inability to access services by the fault of third parties (e.g, Internet service providers), but the Company is taking all necessary and possible measures to redress the adverse consequences of such actions.

9.5. The Company has a right to suspend the services and Customer’s servers due to DDoS or network attacks, routine maintenance and force majeure cases;

9.6. The company is responsible for the access speed to the Customer's resources and the availability of the Client's resources only within the Data Center of the Company;

9.7. The Company is not responsible for the operation of the software installed on Company’s servers,  software purchased via Company’s billing-system included,  by the Customer, in accordance with clause 8.3. of the present contract;

9.8. The Company has a right to withdraw additional IP addresses unused by the Customer or in events when IP addresses are used for other purposes not specified in application form. The payment for the  installation and use of IP addresses is not refunded.

9.9. The Company has a right to change the Dedicated server’s hardware to similar in terms of capability or better, without notifying the Customer;

9.10. The Company is not responsible for court decisions and issued notarized documents regarding copyrights violation by the Customer regarding unlicensed content of any kind (text-based, graphic or video, excluding software);

9.11 The Company reserves the right to suspend the provision of VPS services, immediately and without notice in the case of inbound or outbound DDoS-attacks that is hazard for the Company's equipment (starting from 20 000 pps).

9.12. The Company is entitled to charge additional fees other than those indicated on the website, including transactions related to unblocking a server / IP address of the Customer, blocked by the fault of the Customer.

9.13. The company has the right to refuse further cooperation with the Customer if, more than one complaint for hosting child pornography content on the Customer’s server was received within six months;

9.14 The Company reserves the right to suspend the provision of all free services on the Client's account (including DNS support) after the cancellation of all the basic hosting services;

9.15. Customer’s communication with the Company’s employees with the help of the ticket-system at the https://my.fastvps.us or any other kind of Company’s information systems including but not limited to email, on-line chat, phone and/or VoIP is not subject for protection of personal data and may be freely used by the Company for purposes not contradicting the legislation (advertising included but not limited to), moral and ethical standards without the consent of the Customer only if the data, that allows to uniquely identify the Customer with the communication log used, will be excluded.

9.16. The Company has the right to access the Client's server without any prior consent in the following events:

- For urgent maintenance work, that will not affect the Customer’s data;

- If the Customer’s server causes an interference in the work of Company’s equipment;

9.17. The Customer and the Company shall agree that the request for technical support via ticket system of the Company gives the Company a right to access the Customer’s server and do the requested or required, from the Company’s perspective, works;

9.18. Customer agrees that works produced by Company’s employees on the Customer's server, can lead to partial or complete loss of data on the Customer’s server, the Customer’s server disruptions and/or other consequences that may adversely affect the operation of the Customer’s resources, his/her goodwill or possible profits. The Customer agrees that the Company may not be held liable for any damages that have occurred on the server after the work of employees of the Company. Customer agrees not to bring material and other claims against the Company in connection with this kind of events;

9.19. The Company reserves the right to make continuous automatic scanning on the Customer’s server in order to identify potentially dangerous for the Customer and the Company vulnerabilities and unwanted software/content, including, but not limited to, the detection of:

- opened ports on the server;

- viral or SPAM activity on the server;

- hazardous DDoS and DoS activity;

- increased server and software load

- prohibited content in accordance with chapter 11 of the present contract;

- any other similar events;

9.20. The company constantly monitors the load made by Customer’s server. In the case of the facts, when the virtual VPS / VDS server of the Customer creates an unreasonably increased load on the host-nodes, especially if it leads to a marked deterioration of the quality of services provided to other customers, the Company has the right to immediately suspend the Customer’s Server . If the cause of the excessive consumption of resources can not be eliminated, the Company can recommend the Customer to migrate to a Dedicated physical server (Dedicated server). In case of refusal, the Company reserves the right to terminate the services provided to the Customer and terminate this Contract due to the technical impossibility of continuing service provision. The Customer and the Company are agreed that the Company determines consumption of system resources of the Customer with the help of technical utilities of the Company.

9.21. The Company reserves the right to suspend the provision of DNS support services in case of complaints received regarding the Customer’s domains forwarded to the Company's DNS-servers.

10. Traffic supervision

10.1. Traffic supervision for VPS tariffs:

10.1.1. The Customer is obligated to supervise all traffic generated by his/her VPS independently. Traffic consumption can be monitored in the Billing-panel account (My Server – Server Settings). If required, the Customer may request traffic statistics on the basis of Company indicators at any time. It is considered that the only accurate traffic statistics in the statistics obtained from hardware complex of the Company and Data-center;

10.1.2. VPS traffic calculations are made each calendar month regardless of due date. The total VPS traffic consumption value is taken into account.

10.1.3. Internet connection speed for VPS - 50 Mbit/s. Connection speed can be reduced in case of exceeding a monthly limit of free traffic on a VPS and/or violation of the rules of use of VPS, including in the case of placing high traffic generating projects on the VPS.

10.1.4. Free traffic limit per month for VPS: 1TB for FAST-5and FAST-15 tariffs; 2TB on the FAST-40 and FAST-25 tariffs; 4TB on tariffs from the FAST-50.

10.1.5. Additional traffic for the VPS can be purchased at the price of 19.90 USD 1 TB on a prepayment basis. Additional paid traffic is rounded up to terabytes, ie 2TB + 100 MB = 3TB, 2TB + 1.1 = 4 TB

10.1.6. Achieving VPS threshold limit (see clause 10.1.4) automatically confirms the Customer's consent to the payment of the additional 1 TB of traffic, which can be used during the current period paid.

10.1.7. If monthly limit of free traffic is exceeded, the Customer’s VPS connection speed is reduced to 1 Mbit / s. To remove the speed limit and make payment for consumed traffic over the free limit, the customer should contact the Customer Care Department. Without payment, VPS connection speed can not be restored, the subsequent period included.

10.1.8. The Company reserves the right to terminate the provision of VPS services immediately and without notice in the case of inbound or outbound DDoS-attacks that are hazardous to the Company's equipment.

10.1.9. If the connection speed of the VPS (on OVZ rates) exceeds 15.5 Mbit/s for 5 minutes or more, the Company has the right to suspend an account to find out the reason.

11. Prohibited content and software

11.1. It is prohibited to host porn sites on VPS as well as posting web links to porn sites, place advertisement containing erotic or pornographic content.

11.2. It is prohibited to host IRC services on VPS servers.

11.3. It prohibited to run spamming software, message submitting software, botnets, grabbing software, fishing software and any other software contrary to the legal work on the Internet.

11.4. It is prohibited to run torrent-clients and trackers (as well as any other p2p file sharing services), download-clients, DC++ clients and servers, file hosting services, file sharing services, stream-projects, video and photo sharing services and any other high traffic consumption services.

11.5. It is prohibited to run such services as open proxy, open VPN, open DNS resolver and any other services (including services with payed and private access), that can serve as aids for illegal actions on the Internet.

11.6. It is prohibited to run network scanners, proxy-checkers and any other software of this kind on VPS.

11.7. It is prohibited to install tor on VPS.

11.8. It is prohibited to use links to unlicensed software and content even if it is stored on Customer’s VPS.

11.9. Resources that violates the rules of copyright and allied rights under US or EU law as well as ethics standards and rules of morality must be deleted within 24 hours by the Customer after receiving a relevant a claim, otherwise the IP of the server will be blocked;

11.10. It is prohibited to run any kind of game services on VPS/VDS servers;

11.11. It is prohibited to run any kind of software related to cryptocurrency mining;

11.12. It is prohibited to use VPS servers for cardsharing;

11.13. It is prohibited to run any kind of gambling services (affiliate programs included) of VPS servers.

11.14. It is prohibited to use VPS for any kind of projects related to HYIP (affiliate programs included);

11.15. It is prohibited to use VPS as TDS (Traffic Distribution System);

11.16. It is prohibited to use VPS for running any kind of projects related to financial pyramids (or carrying any signs of, including, but not limited to projects like steam-lottery, csgo-jackpot websites etc.) and projects related to financial activities without having the appropriate licenses and permits.

11.17 It it prohibited to use VPS servers for running websites related to pharmaceutical subject without having the appropriate license for selling pharmaceutical goods;

11.18. It is prohibited to run any kind of spamming services on VPS/VDS (aggressive email marketing). The Company has a right to regulate mailing on VPS/VDS server.

11.19. It is prohibited to install any kind of the following software:

- doorways. It is a type of search engine spamming that sends one or a few search requests in order to get a rating place for a specific domain in search results which then redirect users for another website;

- doorgens. It is the type of software for automatic doorway generation.

- any other kind of software or websites used for search engines spamming.

11.20. It is prohibited to use any kind of content for deceiving or misinforming users. The Company reserves the right to deny service provision in the event of discovering of this kind of content is being used by a Customer.

12. Guaranteed service levels

12.1. The Company guarantees VPS-node availability on the 99% level per month;

12.2. Availability statistics is derived from our external analyzers and available for customers on demand.

12.3. In the event of violation of clause 12.1. each full day (24 hours) of VPS hosting node down-time is compensated at double rate of extra time of usage for the forthcoming period.

12.4. Guarantees described in clauses 12.1-12.3 do not apply to Dedicated server leasing.

13. SMS and email informing

13.1. Registration in the billing-system of the Company means automatic agreement with receiving email and SMS notifications including service offers from the Company.

13.2. Unsubscribing from email and SMS notification is only possible after a complete Customer’s account termination.

13.3. The Company is not responsible for not receiving any important email and SMS notifications by the Customer due to unreliability of this kind of information delivery system.

14. IPv4 and subnets dedication substantial conditions

14.1. Due to the complete exhaustion of the IPv4 address space, IP subnets dedication is not applicable for VPS/VDS servers. The necessity in additional IP addresses has to be confirmed before making an order. In the event when IP request is denied, the payment shall not be refunded.

15. Free technical support regulations

15.1. The company provides free technical support for operations listed below.

15.2. Common operations.

15.2.1. Operating system installing / reinstalling 

 15.2.2. Administrative / root password reset.

15.2.3. Adding and additional IP addresses to the server.

15.2.4. Timezone change.

15.2.5. Performing diagnostic works for  to determine the causes of websites and server unserviceability.;

15.2.6. Default server check for presence of viruses by anti-virus software (clamav, maldet);

15.3. Installing / configuring software;

15.3.1. Control panels;

15.3.1.1. ISP Manager Lite server control panel under condition of purchasing a license from FASTVPS Company.

15.3.1.2 When using ISP Manager licenses that were purchased from the Company on third-party severs, the support is not provided by the company. Only free installation can be performed. Technical support can be purchased directly from the developer (ISP Systems)

15.3.2. PHP extensions.

15.3.2.1. mod_fcgid installation (PHP as FastCGI. Installation can only performed with the condition of installed ISP Manager on Client’s server);

15.3.2.2. eAccelerator installation (web sites acceleration of the sites by caching PHP opcode);

15.3.2.3. IonCube installation (required for encrypted scripts);

15.3.2.4. Zend Guard Loader installation (required for encrypted scripts);

15.3.2.5. PHP modules installation from default repository (curl, gd2, imagick , iconv);

15.3.2.6. PHP reassembly for Bundled GD support (Debian only)

15.3.3. Other software

15.3.3.1. Nginx installation as reversed proxy to reduce the load on the server, speed up websites and static content serving (Installation can only performed with the condition of installed ISP Manager on Client’s server. Cache will not be configured)

15.3.3.2.  mod_rpaf, mod_rpaf 2 installation (Required when Nginx is used for proper registering IP addresses of visitors)

15.3.3.3. Java JDK/JRE installation.

15.3.3.4. Sphinx for MySQL installation (full text search system for Databases).

15.3.3.5. Memcached installation

15.3.3.6. OpenVPN installation (Debian only)

15.3.3.7. MySQL password recovery.

15.3.3.8. rkhunter installation (for root-kin detection)

15.3.3.9. Unless otherwise noted the installation only possible on OS Debian Linux and CentOS Linux (stable versions). Software installation is performed in the most technically optimal way. In case of major changes in the default configuration, an extra confirmation is required with the Customer via ticket-system.

15.3.3.10. The choice of software versions is based on technical practicability defined by Company's employee (versions from repository are in favor). All operations listed are performed after confirmation with technical support via ticket system. The most technically complicated tasks shall be solved on payed administration basis.

15.3.3.11. Free technical support service is not applicable to Customers who provide virtual hosting services with the help of Company’s virtual servers or reselling Company's servers.

15.3.3.12. The Company does not guarantee full operation of servers or sites after the work of system administration, due to the high complexity and the comprehensiveness of systems and the presence of factors beyond the control of the Company.

16. Handling complaints about servers

16.1 The Company reserves the right to terminate the provision of VPS services, immediately and without notice in the case of inbound or outbound DDoS-attacks that is hazard for the Company's equipment (starting from 20 000 pps).

16.2. It is prohibited to host the following content (the content must be deleted from the server within 24 hours after receiving a complaint, otherwise the Company reserves the right to block the IP of the Server):

-  porn sites as well as posting web links to porn sites, place advertisement containing erotic or pornographic content.

- IRC services

- SPAM, message submitting, botnets, grabbing, fishing and other software contrary to the legal work on the Internet.

- torrent-clients and trackers;

- open proxy, open VPN, open DNS resolving services (including payed or private access), contrary to the legal work on the Internet.

- network scanners, proxy-checkers and other similar software;

- host unlicensed content and links to it even if it is not stored on Customer’s server;

- any kind of cryptocurrency mining software (BitCoin etc.);

- cardsharing;

- gambling services, affiliate programs included;

- HYIP projects including affiliate programs, monitoring systems etc.;

- any kind of projects related to financial pyramids (or carrying any signs of, including, but not limited to projects like steam-lottery, csgo-jackpot websites etc.) and projects related to financial activities without having the appropriate licenses and permits.

16.3. Complaints about copyright infringement, defamation, intellectual property theft are accepted only in the case of providing confirming documents, or court decisions.

16.4. Content containing child pornography (as well as links to it even if it is not stored on Customer’s server) must be deleted from the Server within 3 hours after receiving a complaint, otherwise the Company reserves the right to block IP of the Server.

17. Liability of the parties, disputes resolution

17.1. In the case of contract breach caused by the Company, the Customer has the right to demand compensation for direct material damage inflicted on him/her by the breach.

17.2. In the case of contract breach caused by the Customer, described in clauses 8.4., 8.5 and 8.9. of the present contract, the Company has the right to demand compensation for the direct material damage inflicted on the Company by the breach.

17.3. Obligations breach by the reason of force majeure circumstances are considered excusable and not entail responsibility.

17.4. Force majeure circumstances are those kind of circumstances, occurred after contract conclusion by the parties (war, earthquake, flood, fire, hurricane, restrictions on activities of the authorities, strike, riots etc.) that makes implementation of the present Contract impossible.

17.5. Parties shall prolong performance time limit specified in the contract, respectively, for the duration of force majeure.

17.6. In case of force majeure circumstances last more that four months, both parties have the right to dissolve the contract. In this case, the expenses appeared during the present contracts performance are not refunded.

17.7. A party that did not notify the other party about force majeure circumstances within 10 days in writing will not have a right to refer to those circumstances.

17.8. All disputes existing between parties shall be settled by negotiation or correspondence. If disputes can not be resolved in this way, the disputes can be resolved in courts in accordance with the law of the State in the place of residence of the Client.

18. Contract modification and contract cancellation

The Company has the right to change conditions at discretion for tariffs listed in the price-list on home-page of the Company and in the present contract. The company also has the right to change other conditions at discretion if they are followed from legal acts, professional manner acts, common practice established between parties or by the cause of technical  or innovative development. Changes can be made in connection with the introduction of more specific business ethic of the parties to achieve the objective of this contract. The company notifies the Customer about all changes at the Company's web-page no later than one month before the changes introduction. Afterwards the changes are incorporated into the present contract.

18.2. The company is not obliged to notify the Customer in advance about changes if the Company reduces prices or introduce the Customer to other improvements.

18.3. In the event of disagreement with contract modification by the Customer, he/she may dissolve the contract and shall notify the Company about the decision within one month from the moment of publishing the changed conditions. If by the tacit expression of will the Customer accepts the changes, the contract comes fully into force.

18.4. Each party, as soon as possible, shall notify the other party about private data changes no later than 10 calendar days from the moment of the actual changes.

18.5. The Customer may cancel the contract without specifying the reason by notifying the Company in writing or by using the ticket-system no later than 7 calendar days. Cancellation of the contract does not release the Customer from duties occurred during the contract period.

18.6. The company has the right to cancel the contract for good reasons beyond the control of the company, and shall notify the Customer within two calendar months on its page www.fastvps.us.

18.7.  The company has the right to cancel the contract without prior notification if the activity of the Company is limited in accordance with the law, regulations or contract.

18.8. In the events listed in clauses 17.6. and 17.7. the Company shall return the funds for unfulfilled obligations to the Customer.


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Contacts

FASTVPS EESTI OÜ
Registrikood: 12101479
НСО: EE101469919

Rakvere 8, 41532 Jõhvi
Ida-Virumaa, Eesti Vabariik

 

Customer Care Department USA

Call us with questions about connection, payments and working together.
For all technical questions, please
contact our Support Service

+1 (888) 802-36-30Business hrs 02:00 - 18:00
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