JVDS AUP/TOS/SLA
Introduction
This document describes the service that is offered, and what monetary transactions are required for those services. It describes the specific levels of service you will receive, and finally describes some actions that are prohibited.
Setting aside the legal and market-speak, we will uphold our end of this agreement to the best of our ability in an honest and straightforward fashion. We will support you with highly technical persons who also understand the social context that this service exists in. In return, we ask that you follow the terms spelled out in this agreement.
The Company
jvds.com, from this point forward referred to as "the company" provides virtual and dedicated servers which are access via UDP and TCP/IP. Each user is responsible for the use of other on their virtual dedicated server.
The specific operating system, the amount of money charged per unit time, and the unit time itself are agreed upon during commencement of the service.
JVDS will not be held responsible for any damages you or your business may suffer. JVDS makes no warranties of any kind, expressed or implied, for services rendered. JVDS disclaims any warranty or merchantability or fitness for a particular purpose. JVDS assumes no liability for disruptions or improper operation of its equipment or software for any reason, including, but not limited to, vandalism, theft, phone service outages, Internet disruptions, human error, extreme or severe weather conditions or any other causes in the nature of "Acts of God" or force majeure. JVDS will not be responsible for consequential damages or punitive or exemplary damages under any circumstances. In no case will Client be entitled to recover damages from JVDS.
The purchaser of a product is responsible for its use and will be liable for any charges that come about from misuse or over usage.
The Service
You are given the right to terminate the service at any time at least 3 days before your billing is due by emailing billing@jvds.com. Refunds can only be taken within the first 30 days.
Your contract with us last and renews for the length of you billing period. For example if you pay every month then your contact is for 1 month. If you pay every 3 months, your contact lasts 3 months and so on.
In return for these payments, you account will have a 99.5% or better period of connectivity to the public Internet measured in one hour intervals over the period of three months. Further, you will receive technical support for any issues related to your server instance. Your requested entries in our DNS servers will have the same availability. Should you have a claim, it must be made within 48 hours of the downtime.
Bandwidth levels to your server will always be sufficient to ensure low latency and high speed connections, and will be at a speed much greater than the average sustained throughput that you are allocated during the signup process.
Technical support will be provided on a same day basis, usually within 30 minutes, and will be provided by highly technical UNIX administrators.
You agree that your server instance may need to be rebooted on rare occasions and that generally you will be given 4 days notice prior to the reboot. You also agree that on very rare occasions you will be given less notice, but will be given notice nonetheless. THIS MEANS WE MAY REBOOT YOUR SERVER, BUT GENERALLY YOU WILL BE GIVEN 4 DAYS NOTICE. THIS HAPPENS RARELY.
We will provide data traffic totaling the amount agreed to during your signup process. You will have the ability to halt traffic after reaching this level, or continue and pay a fee for each unit of bandwidth above and beyond the standard amount. The standard amount of bandwidth you are allotted (which is allotted in both upstream and downstream directions) is made specifically clear to you during signup, as is the unit that that bandwidth is measured in, as is the per unit cost of extra bandwidth.
Client Behaviors
You agree not to do any of the following:
- send unsolicited commercial or bulk email to any party for any reason which may or may not result in a complaint.
DO NOT SPAM
- access, or attempt to access a computer or network resource that you are not authorized to access.
DON'T CRACK/DEFACE
- distribute, or make available in any way to any party intellectual property that requires some method of authorization to sell or distribute, which you do not have.
NO WAREZ - NO RIAA/MPAA IP VIOLATIONS
- store, transmit, create, or examine any pictures, realistic or not, of humans, anthropomorphic depictions of human-like creatures, or images suggesting humans that are under the age of 18 years in an either implied or actual pornographic picture.
NO CHILD PORNOGRAPHY
- forge email headers or TCP/IP packet headers.
NO SPOOFING
- distribute worms, trojans, or viruses, or commit or attempt to commit any denial of service attack against any computer, network, or individual.
NO DoS, NO WORMS/VIRUSES/TROJANS
- violate export controls on any software or intellectual property.
- JVDS no longer permits the usage of any and all IRC related activity on our network. This includes the usage of IRCds, Hubs, Bouncers, Bots, Eggdrops or other IRC related activities. Accounts found to have these activities occuring are subject to suspension of their services.
DON'T VIOLATE EXPORT CONTROLS
- War Bots/X-DCC are not allowed
- No bouncers are allowed
- Shell hosting companies can not be run from our service
RESTRICTIONS ON IRC
- On the virtual servers you can not run any modern graphical game server (like halflife, quake[1,2,3], etc. You can run a text mud, but no hogs like the above, please. Also no CPU heavy process like Seti or Folding@Home
NO VERY HIGH CPU USAGE PROGRAMS
- On the virtual servers nothing such as Kazza or Edonkey may be used due to the high bandwidth requirements. These are shared servers so it does affect everyone.
NO HIGH BANDWIDTH P2P PROGRAMS
NO DDOS
- if you are dossed we reserve the right to suspend your account to limit the attack. If you are found to of caused the DDOS your account may be suspended or cancelled and you billed.
Please Note:
We reserve the right to terminate your account, and any future business relation with you, for any suitable reason at any time. We will also not issue refunds beyond the first 30 days unless extraneous circumstances exist. For full details of the refund policy please see our 30-day promise. We also revise the right to update this any time and you should check back regularly.
If you should have a solution that we consider to be unstable, in such that you have a combination of software and/or hardware that we believe is not going to you a stable service we reserve the right to invalidate the 30 day refund policy by giving you due warning.
Any violation of this AUP in regard to spamming/hacking done by yourself or one of your clients may result in a clean up fee which can be from $250 per complaint depending on the severity.
Also note that we understand that certain violations of the above terms can occur inadvertently, and even as a result of unauthorized access from some third party. We will do our best to weigh the merits of each individual case and act with common sense and an understanding of the technical and social implications of the situation.