1. The subject
1.1 The following terms of service apply to all business relationships between the customer and CookieVPS, following named as "us". The governing law is that which was valid when the contract was put into effect.
1.2 Dissenting, conflicting or additional customer terms of service, even if acknowledged, are not part of the contract unless their validity is expressly agreed upon.
2. General terms
2.1 If the security of the power supply network or the maintenance of network integrity is at stake, we can temporarily restrict access to the service as required.
2.2 The services offered are those valid at the time of the order based on the offer information, the order form and the applicable monthly special offers.
2.3 Technical support services are not included in the offers. All offered services are self-managed by the customer.
3. Data integrity
3.1 The virtual server will be backed up regularly by us, as part of the offer. In the case of data loss not involved by us, the customer can restore data by ordering backup restoration service within the client area for 20 USD one time fee.
3.2 The customer will receive a unique password for security purposes. The client will be held liable for any malpractice resulting from the unauthorized use of the password. If the customer becomes aware that unauthorized third parties know the password, they must inform us immediately. In suspicious cases, the client is able to request a new password which we then provide him.
4. Published content
4.1 It is the customer's responsibility to identify the internet content as their own or as third-party content.
4.2 The client undertakes not to publish content that may violate the rights of third parties or otherwise violate the Republic of Lithuania law. The placement of pornographic, extremist material or material not deemed in good taste is not permitted. We are entitled to block access to the account of any customer who violates this.
The same applies in the event that the customer publishes content which is capable of violating the rights of individuals or groups of people, or that insults or denigrates these people. This applies even without an actual legal claim. We are not obligated to review our customer's content.
4.3 The sending of spam mail is strictly forbidden. This includes in particular the sending of illegal, unsolicited advertising to third parties and spamvertising. With regards to the sending of emails, it is forbidden to provide false sender information or to conceal the identity of the sender by other means. We are entitled to block the access if this is not respected.
4.4 Content prohibited to host at our network:
• Spamming (including search engine spam, doorways, form spamming, etc.)
• Mass mailing of any type (including double opt-in)
• DoS/DDoS or other attacks (either outgoing or incoming)
• Hacking (including situations when your VPS was hacked)
• Distribution of malware/viruses - with or without knowledge
• Port scanning
• Copyrighted content/mp3/movies/cracked software or links to such content
• Open proxies, TOR relays (due to abuse committed through open proxies)
• Adult content
• Data mining (due to heavy resource usage)
5.1 For direct damages, secondary damages or lost profits due to technical problems and disturbances within the internet that are not in our sphere of influence, we assume no liability.
5.2 For indirect damages and loss of profits, we assume no liability.
5.3 If the customer’s web content is in violation of paragraph 4 of obligations, particularly in violation of legal prohibitions or morality, they shall be liable to us for all of the resulting direct and indirect damages, including property damage.
6. Terms of payment and billing
6.1 All prices can be reviewed at http://www.cookievps.com at any time.
6.2 We are entitled, in case of default payments, to block the internet presence of the customer and to block all other functions.
6.3 Acceptable payment method for services is via PayPal.
6.4 Invoices are sent by Email as attachments within 14 days prior to the end of service.
6.5 Subscription based payments can be canceled at any time.
6.6 If services are canceled (cancelation is requested), PayPal subscriptions must be removed by the customer at Paypal.com after cancelation is requested.
7. Contract duration and cancelation
7.1 Where not otherwise contractually agreed, the contracts are in place for an indefinite period of time.
7.2 Customer can revoke their contractual statement, with stating reasons, in the client area. The period of cancelation can be immediately or at the end of the billing period. A cancelation can only be done via the secure client area.
7.3 We are also entitled to terminate the contractual relationship for good cause without notice. One important reason for termination would be in the case of one consecutive month that the customer did not pay a substantial part of the compensation owed. Another important reason, among others, can also be that the customer contravenes or ignores warnings about infringement of the requirements of section 4. Another important reason that can result in blocking or termination without notice may be that the customer uses content which affects the performance or the safety of the server node.
8. Service Level Agreement (SLA)
Our commitment is to guarantee yearly service availability of 99.9%.
8.1 Uptime guarantee applies to:
• Internet connection channel availability;
• Server hardware and virtualization platform availability.
8.2 SLA guarantee does not apply to:
• Customers managed software and operating system performance;
• Scheduled maintenance;
• Service malfunction due to client actions (DoS/DDoS);
• Service shutdown, when a customer does not pay on time or fails to comply with terms of the contract section 4.
8.3 In the unlikely event that we experience a network or hardware failure, we will credit your account with one day of service for every hour of downtime. Contact a member of our customer service team not later than 7 days to arrange the credit.
9. Conclusion of the contract
9.1 Our offers are subject to change. We reserve the right to make technical and other changes within reason.
9.2 Upon ordering, the customer is bound to the tentative offer. We will confirm the receipt of the customer's order immediately. The confirmation is not contractually binding. The confirmation and acceptance of the contract may be incorporated together.
9.3 We are entitled to accept the offer of a contract (the order) within a period of one (1) working day after receipt. We are also entitled to reject the order after examining the reliability of the customer.