Overview

The Service that is subject to the following agreement is provided by 'Online Presence Solutions' (ABN 15 397 950 209) in association with LiquidNet Ltd., a company registered in the United Kingdom, registration No. 4654498. 'Online Presence Solutions' and LiquidNet Ltd. will be referred to as 'Online Presence Solutions' for the sake of brevity in this document.

As a Customer of our Services, you need to be aware that, when signing up for a VPS account with 'Online Presence Solutions', you accept and agree to abide by our VPS Terms of Service (this document), as well as all their coherent policies - Order Verification Policy and Acceptable Use Policy (AUP), etc. The Order Form completion of the Service represents the electronic signing of these two documents.

As a Customer of our Services, you should also be aware that when signing up for a VPS hosting account with the Provider, he/or she agrees to position data on our servers and make it accessible to the wide internet public. In this respect, you understand and agree also that it is beyond the power of 'Online Presence Solutions' to restrict any public access to the data that you position on our servers and guarantee the security of your files. In this respect, you accept that it is your obligation to protect all the information that you make available to the wide internet public through your newly allocated VPS server and assume all responsibility for unveiling online personal data that could be abused.

I. Entire agreement; Service agreement

Online Presence Solutions' shall provide its Services to You - the Customer - under the Terms and Conditions explicated in this Service Agreement. The Agreement is intended to keep the integrity of both the Provider and the Customer and to protect both parties from liability. This Service Agreement will be enforced to ensure the speed, power, performance, and reliability of our Services.

The Service Agreement, together with the Order Verification Policy, the Acceptable Use Policy, Domain Name Registration Agreement and any other policies or agreements mentioned in this document, constitute the whole act of convention between You - the Customer, and 'Online Presence Solutions'.

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II. 'Online Presence Solutions' VPS Hosting services - Features, rules for activation and payment basis

Upon submitting of the online order form, the Customer agrees to abide by our Order Verification Policy and the following provisions:

1. The payment for the VPS service is set up on a monthly basis. The Customer agrees to pay for the rendered VPS hosting services in advance of each monthly service cycle.
2. If the Customer fails to follow the monthly billing cycle, the rendered VPS hosting services will be suspended immediately. The data hosted on the VPS server will be kept intact for one month, after that it will be permanently erased.
3. The Customer agrees to observe the following VPS server usage limitations:
   • Opened files: barrier 188; max. 206
   • Rules in IP tables: max. 128
   • Running processes: max. 2048
   • TCP sockets: max. 360
   • Ptty: max. 16
4. Setup fees and monthly service fees are non-refundable. The Customer agrees to a no-refund policy in advance

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III. Service guarantees & data backup

Service guarantees

'Online Presence Solutions' guarantees 99.9% network uptime and server stability. This, however, does not refer to problems stemming from:

• Server Hardware Breakdown
• User error(s) or purposeful interruption(s) of the user service (e.g. if the client shuts his/her own server down, 'Online Presence Solutions' is not responsible for the downtime)
• Failure due to software that is not explicitly supported by 'Online Presence Solutions'. If a hardware crash provoked by the customer consequently occurs, 'Online Presence Solutions' is beyond the control and responsibility for the resulting downtime.

For more information, please read our Service Level Guarantees.

Data backup

Due to the specificity of the VPS service, providing Customers with fully independent and self-managed hosting environment, the DATA BACKUP of all Customer's website contents and databases is solely Customer's responsibility.

A weekly VPS backup option is available in the Managed Services package offered as an add-on administration service with each VPS plan.

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IV. Service activation and continuance timescale

Service activation

For newly signed up clients

the services are activated immediately after our Sales Department gets in touch with the customer over the phone to verify the payment details (this is required due to the high fraud activity spreading online, and in order to be prevented fraudulent orders). The payment verification procedure is obligatory and if we fail to approve a transaction within 48 hours of the payment submission, the funds will be credited back to the payer and the order will be cancelled.

For existing customers

the services for existing customers, including upgrade services and renewals, are activated immediately after our Sales Department receives the according service payment.

Continuance timescales

VPS Accounts

The newly-created VPS hosting accounts with the Provider are valid for 1 month. They can be renewed on a monthly basis, i.e. for another month that will be added to the official expiration date of the VPS server account.

Domain Name Registration/Transfer

'Online Presence Solutions' offers for registration/transfer all TLDs (Top-Level Domains) displayed in the table below. The TLDs can be purchased either together with the VPS account (at regular or PROMOTIONAL price) or separately as an upgrade from the Customer's Billing Manager (all TLDs - at NON-PROMOTIONAL prices). The Customer agrees to abide by the our Domain Name Registration Agreement and Domain Name Dispute Resolution Policy. The table below displays the main characteristics, as well as the annual NON-PROMOTIONAL price of each TLD:

Domain renewals

Domain names are valid for the number of years of their registration (domain names can be registered for the period of 1 to 10 years, depending on their TLD - top-level domain name - extension). After an expiration of a domain name several stages follow regarding its renewal.

Domain name Redemption Grace Period (RGP)

Is a registry level period of up to 30 days after the domain name's expiration date. During this period the domain name is kept on hold by the Registrar before it gets deleted. The domain registrant is allowed to retrieve the domain name from deletion, but this process costs additional redemption fee. This extra 30-day period extends the time available for renewing domain names. However, all domains that enter a redemption period are removed from the zone files (the list of domain names currently in the global DNS), therefore any web site or e-mail services associated with the domain name will stop working.

Extended Redemption Grace Period

The extended redemption grace period adds another 7 - 30 days to the domain name's redemption period. During this period the domain name owner is allowed to retrieve the domain name from deletion by contacting the domain's registrar.

Pending Delete Period

It comes after the redemption period of an expired domain name is finished. It's a registry level period of up to 5 days during which no one is allowed to renew the domain name and it cannot be newly registered because it's still not returned to the public pool of domain names.

Released by Registry Period

The domain name is sent back into the public pool of domain names and is newly available for registration.

Customers are advised to renew their domain registrations before their domain names are placed into redemption. When a domain name transits in redemption period, we are not able any more to prevent its zone files from being removed from the DNS system, and the customer's web site and any associated services will cease working.

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V. Cancellation, refund & money-back, chargebacks

Cancellations

In order to cancel a VPS account, the Customer must send a support ticket to our Sales Department via his/her Billing Manager and provide any authentication credentials requested by 'Online Presence Solutions'. Any other forms of cancellation requests will not be accepted.

Refunds

VPS accounts

The VPS accounts are set up on a monthly prepay basis. Customers may cancel their accounts at any time, however they will not be entitled to a refund for the unused period of the prepaid month, since these services do NOT include Money Back Guarantee. Any incentives offered to the Customers upon sign-up will be also canceled.

Domain name registrations/transfers

These are also treated as non-refundable services (see below) and cannot be cancelled or refunded after being activated upon customer request. The domain name owner will have access to a domain management account, and will be able to transfer the domain name to another registrar.

Chargebacks

Chargebacks are not considered as a way of refunding. Any Customer who initiates a credit card chargeback in response to a bill or order placed at 'Online Presence Solutions' (and respectively - LiquidNet Ltd.) will be subject to full investigation.

When signing up for a web hosting account with 'Online Presence Solutions', customers agree to the conditions explicated in in this document (and its coherent policies). Thus, 'Online Presence Solutions', as well as our authorized retailers (PayPal, WorldPay, 2CheckOut), will resort to these documents as an evidence for the Customer's agreement, especially in the event that a Customer sends a chargeback inquiry based on points that he/or she first accepted, but is trying now to refute.

If/When a chargeback report is received, the first step of our 'Online Presence Solutions' team will be to try to contact the user. Meanwhile, the user account will be suspended (in order to protect our system from fraudulent activity and misuse) and will remain suspended until the reasons for the chargeback have been clarified and decision has been taken for according action.

If the chargeback has occurred due to some misunderstanding, a reverse payment procedure will be initiated with our authorized retailers and the account will be re-activated.

If the user has sent a chargeback request based on groundless argumentation (to our own judgment and these VPS Terms of Service), then a dispute will be started with our authorized retailers in which the VPS Terms of Service (this document) and the Acceptable Use Policy of 'Online Presence Solutions' will serve as proof of the Customer's agreement. The retailers then, taking into consideration all provisions in these legal documents, will decide whether the Customer has had sufficient grounds for the chargeback or 'Online Presence Solutions' has the right to a reverse payment.

In case that the chargeback originates from a fraudulent user and no reverse payment procedure can be initiated, then the respective VPS account will remain suspended.

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VI. VPS Reseller tools

An eNom domain reseller account is available as a free bonus with all VPS server packages. A free billing account is included in the Ultra VPS plan. The VPS reseller tools are installed per user's request.

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VII. Customer responsibilities

Account registration and management

In consideration of their use of the Service, customers agree to:

• Provide true, accurate, current and complete information about themselves as prompted by the registration form of the Service. Maintain and promptly update their registration data to keep it true, accurate, current and complete. If the customer provides any information that is untrue, inaccurate, not current or incomplete, or 'Online Presence Solutions' has reasonable grounds (at its sole discretion) to suspect that such information is untrue, inaccurate, not current or incomplete, 'Online Presence Solutions' has the right to suspend or terminate the customer's account and refuse any and all current or future use of the Service (or any portion thereof). If untrue details are used in order to avoid VAT the customer can be held responsible by the respective national tax collecting agency.
• When introducing any changes to their contact details, customers are obliged to notify 'Online Presence Solutions' in the course of 10 business days after the changes become valid. The introduction of changes should be done online through the customers' VPS Billing Manager, not via e-mail. This requirement is also in force for 'Online Presence Solutions', i.e. customers will be always aware of any contact information changes that the company places within its website. This way, flawless communication between both sides is guaranteed.
• Customers will receive a password and account designation upon completing of the registration process of the Service. Customers are responsible for keeping the confidentiality of their passwords and accounts, and are fully responsible for all activities that occur under that password or account. Customers agree to: a) immediately notify 'Online Presence Solutions' about any unauthorized use of their password or account or any other breach of security; b) ensure that they safely exit (log out from) their account at the end of each session. 'Online Presence Solutions' cannot and will not be liable for any loss or damage of account information arising from Customer's failure to comply with this provision.
• If a hosting account is registered with details different than those of the person who paid for the account, and in the case of any dispute, 'Online Presence Solutions' will take the side of the person who paid for the account and shall not provide access to any other person, since - a hosting account owner is and will be considered to be the credit card /PayPal account holder.
• If the hosting account owner deceased prior to the expiration of his/her account 'Online Presence Solutions' will require death certificate or any other legal document that can provide an official evidence for that fact. Those who supply that information will be held legally responsible if the information is false or incorrect. Once such documents are obtained, 'Online Presence Solutions' will be the sole arbiter in assessing whether the documents are authentic or not. A record of the obtained documents will be kept until the expiration of the VPS hosting account.

Server usage

CPU usage (or usage of the Central Processing Unit(s) of the web server the customer's account is hosted on) - The CPU usage is subject to some regulations. VPS hosting accounts can exploit proportional shares of the main server's CPU cores. 'Online Presence Solutions' strongly recommends that customers be very judicious when using the CPU power for their accounts.We reserve the right to block (suspend) accounts that excessively use CPU. If such measures are taken, we will notify the Customer and give him/her an opportunity to upgrade to a different VPS package or a dedicated server hosting solution.

Guaranteed RAM

Each VPS hosting account has guaranteed RAM that it's able to use. This RAM is available at all times to the VPS server.

Memory Latency

The memory latency of a VPS server cannot exceed 1000 cycles for a period of more than 10 seconds. We reserve the right to block (suspend) accounts that generate a memory latency of 1000 cycles or more for more than 10 seconds. If such measures are about to be taken, we will notify the Customer and give him/her an opportunity to upgrade to a dedicated server hosting solution.

IP Address Allocation

Each VPS hosting account comes with a Dedicated IP Address. The Customer agrees to add new IP addresses to his server only via 'Online Presence Solutions' upgrade table.

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VIII. No unlawful or prohibited use

Server usage

'Online Presence Solutions' expressly bans the use of any VPS server hardware or software for trying to illegally access another hosted machine or network. Customers may not attempt to gain unauthorized access to any of 'Online Presence Solutions' Services, other accounts, computer systems or networks connected to any of 'Online Presence Solutions' Services, through hacking, password mining or other means of close nature. Customers may not obtain or attempt to obtain any materials or information through any means not intentionally made available 'Online Presence Solutions' Services. For more detailed information regarding all prohibited uses of our server network, please closely review next chapter of these Terms and our AUP (Acceptable Use Policy). If you still have inquiries over the matter, feel free to contact any of our Customer Care representatives.

Hosted content

Server content MUST comply with the parameters stated in this TOS and our Acceptable Use Policy. Web content requirements exclude the publication of illegal content or content considered inappropriate otherwise. If any of the Provider's Services are used for the illegal purpose of SPAM or UCE, they will be instantly terminated. Customers are solely responsible for the content of their messages. Using the Provider's Services in connection with surveys, contests, pyramid schemes, chain letters, junk e-mail, spamming or any duplicative or unsolicited messages (commercial or other) is prohibited. In this light, the Provider expressly forbids any breach of Federal, State or Local regulation, including, but not limited to, the transmission of: copyrighted material, material legally judged to be threatening or obscene, and material protected by trade secrets. The Provider's VPS servers CANNOT be used for the propagation, distribution, housing, processing, storing, or handling in any way of lewd, obscene, adult or pornographic material, or any other material which is considered impermissible by the Provider's VPS Terms of Service (this document) and the Acceptable Use Policy (AUP).

Customer agreement

As a condition for Customer use of 'Online Presence Solutions' Services, you – the Customer, agree that you will not use the Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices, and our Acceptable Use Policy (AUP). 'Online Presence Solutions' VPS servers can be used explicitly and only for legal purposes, and each attempt for taking indecent advantage of the servers, inconsistent with the rules, will be immediately counteracted. 'Online Presence Solutions' reserves the right at any time to disclose any information, as it deems necessary, to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove from the Services any information or materials, in whole or in part, in the sole discretion of 'Online Presence Solutions'.

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IX. E-commerce customer websites

When buying a VPS Server on 'Online Presence Solutions' servers for the purpose of creating online stores or related e-commerce activities websites, customers agree to be fully responsible for the development, operation and maintenance of their web sites, online stores and e-commerce activities within that websites. The Customer is the only one in charge of approving, processing and filling clients' orders and taking care of clients' requests or complaints. The Customer is also the only one in charge of the payment or satisfaction of any and all taxes related to his/her web site and online store. The Customer bears the responsibility for ensuring the security and confidentiality of any customer data (including, without limitation, customer credit card numbers) that he/she may receive in connection with his/her web site or online store.

Each customer is in charge of all products and services, as well as all contents and materials appearing online on his/her e-commerce website, including:

• The accuracy and relevance of Customer Content, and content and material showcased in the Customer store or on its products
• Certainty that the Customer Content and content and materials appearing in the Customer store or on its products do not violate or infringe upon the rights of any person
• Certainty that the Customer Content and the content and materials appearing in the Customer store or on its products are not calumnitous or somehow illegal.

Each Customer guarantees to 'Online Presence Solutions' that he/she owns the right to use the Customer Content and its material, including all text, graphics, sound, music, video, programming, scripts and applets. Each Customer warrants to 'Online Presence Solutions' that the use, reproduction, propagation and transmission of the Customer Content and any information and materials contained inside do not, and will not:

• Infringe or abuse any copyright, patent, trademark, trade secret or any other proprietary right of a third party
• Break any criminal law or manifest false advertising, unfair competition, vilification, privacy intrusion; violate a right of publicity or violate any other law or regulation.

Each Customer empowers 'Online Presence Solutions' to reproduce, copy, use and propagate all and any part of the Customer Content for ensuring and operating the Services. 'Online Presence Solutions' is granted the right to estimate, at its own discretion, the extent to which these operations need to be carried out.

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X. Refusal of service

Service denial

'Online Presence Solutions' will thoroughly scrutinize all received orders and decide, to its own discretion, which of them do not comply with the officially stated requirements for use of 'Online Presence Solutions' VPS servers. 'Online Presence Solutions' reserves the right to refuse Service to unlawful parties.

Service discontinuance

'Online Presence Solutions' reserves the right to discontinue, at his own discretion, the Service provision to any subscriber that has violated the VPS Terms of Service and/or the VPS Acceptable Use Policy. In case that the Service provision has been discontinued by 'Online Presence Solutions' with no explicitly stated reason, the customer will be refunded the last payment for their VPS server.

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XI. Miscellaneous

1. Notices

Notices, including notices concerning breach of this Agreement will be sent either to the e-mail address provided by the Customer at sign up, OR mailed by first class mail to the postal address that the Customer has on file with 'Online Presence Solutions'. In both cases, delivery shall be deemed to have been made five (5) days after the notice has been sent. Notices from the Customer to 'Online Presence Solutions' should be sent to the address provided on our website.

2. Complaints procedure

'Online Presence Solutions' is dedicated to providing the highest levels of customer service round the clock. If you feel dissatisfied with any aspect of our service, you are encouraged to make use of our complaints procedure detailed below.

In order to file a complaint, please send us an email to This email address is being protected from spambots. You need JavaScript enabled to view it., specifying the nature of the problem you are experiencing. Please, provide us with as many details about your particular case as possible. The more we know about the situation, the better, prompt and adequate our resolution will be.

Here are our steps of addressing every single complaint:

1. 'Online Presence Solutions' will confirm receipt of your complaint in writing, notifying you that the complaint will be addressed without delay. 'Online Presence Solutions' reserves the right to refuse to investigate complaints which are apparently frivolous, abusive or offensive.
2. 'Online Presence Solutions' customer care representative will review your situation, search for an appropriate solution and inform you of the timeframe within which a response should be expected.
3. If the 'Online Presence Solutions' Customer Care representative is not able to resolve your case within the pre-announced period, your complaint will be escalated to a Customer Care manager.
4. If the 'Online Presence Solutions' Customer Care manager also can't provide you with an appropriate solution, then your complaint will be forwarded to the Company Director, who will further investigate the situation and ensure that all necessary measures have been taken. The Company Director will respond in writing within two working days, and reply with a solution within five working days.
5. An alternative complaint submission method is sending a fax to the following number: +1.510.868.6446

3. Torturous conduct

Each Customer is expected to avoid any form of emotional outburst or inappropriate language, or any other attempt to undermine the importance of good ethics in communication and human relations. Any act of close nature, or other type of offensive, abusive, disrespectful or condescending behavior - oral, written, or delivered by a second party - to members of 'Online Presence Solutions' customer care staff will be interpreted as a breach of this TOS. Online Presence Solutions reserves the right to assess at its sole discretion which behavior is to be considered as a violation of the hereby stated rule and agreement, and to undertake according actions, including refuse refunds to users whose accounts have been suspended for violating this TOS provision.

4. Customer care service

a. Technical Support

Due to the specificity of the Service, Customers are fully in charge of the management and maintenance of their VPS. However, if they need assistance or want to leave this task to our highly-qualified administrators department, they can avail of our Managed Support service available at a monthly fee of $15 USD.

b. Control Panel Migration procedures

If the Customer wants to switch their VPS Control Panel installation from cPanel to DirectAdmin or vice versa, then they will need to follow a pre-defined Control Panel migration procedure. This procedure applies only to Regular VPS and Ultra VPS accounts ordered with an installation of the CentOS operating system and a Control Panel (cPanel or DirectAdmin) setup.

The Customer needs to purchase a new VPS server with an installation of the Control Panel (cPanel or DirectAdmin), which they want to migrate to.

If the Customer requests a migration of their current VPS server within 7 days of the last subscription payment date - all the current main service and upgrade payments will be cancelled and refunded. All recurring contracts associated with this VPS account will be canceled too. The VPS server itself will be terminated within 24 hours after the new VPS has been set up and its corresponding account will be closed.

If the migration procedure is requested more than 7 days after the last transaction, the Provider will cancel all recurring contracts associated with the current VPS account, but no payments will be refunded.

Once all the data has been migrated to the new VPS server, the current VPS server subscription should be left to expire, and the client can use it during this period.

The migration procedure can be carried out by the Customer following the instructions provided by the Provider.

Upon customer's request the procedure can be accomplished by the Provider. In the event of a problem during the migration procedure, the Provider will terminate the process. In such cases, the Customer agrees to cover a fee of $ 15.00 USD prior to the completion of the procedure.

In case that the migration is terminated by the Provider, the Customer can complete the process by themselves without paying any additional fees.

c. Pre-sale and general questions

Customers can get in touch with our Customer Service via any of the contact options listed below:

• E-mail us using our Contact Us form
• Use our Live Chat
• Open a trouble ticket from the Customer's VPS Billing Manager. 1-hour support response is guaranteed!
• Phone or Fax:

AU Phone : +61-2-8014-8213
UK Phone : +44-20-7993-2673
USA Fax: +1-510-868-6446
International Phone: +1-510-870-0646
USA Toll Free Phone: +1-800-574-0902

• Send us a Letter to:

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XII. General regulations

1. Governing law

This Agreement shall be governed by and construed in accordance with the laws of England.

2. Arbitration

Any controversy or claim arising out of or relating to this Agreement, or any breach of this Agreement, in excess of $250.00 USD will be settled in accordance with the commercial arbitration rules of the American Arbitration Association.

3. Enforcement

Failure to enforce any of the provisions of this Agreement shall in no way be considered to be a waiver of these provisions, or to affect in any way the validity of this Agreement. If one or more of the provisions contained in this Agreement are found to be invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions shall remain in full force and effect.

4. Indemnification

The Customer agrees to indemnify 'Online Presence Solutions', its management body and employees (each an "Indemnified Party") against any losses, claims, damages, liabilities, penalties, court actions, proceedings or judgments (collectively, "Losses") to which the Indemnified Party may become subject, and out of which Losses arise or relate to this Agreement or the Customer's use of the Services. The Customer agrees to reimburse the Indemnified Party for all legal and other expenses, including any attorney fees paid by the Indemnified Party in connection with investigating, defending or settling any Loss whether or not in connection with pending or threatened litigation in which the Indemnified Party is a party.

5. Limitation on 'Online Presence Solutions' liability

a. Force Majeure Circumstances

'Online Presence Solutions' shall not be liable for any failure in the provision of the Services to the Customer resulting, directly or indirectly, from any

1. Weather conditions and natural disasters
2. Actions of any governmental or military authority
3. Failure caused by telecommunications or Internet provider
4. Or other force or occurrence beyond its control.

b. Damages & Losses

'Online Presence Solutions' shall not be liable for

1. Any indirect, incidental, special or consequential damages, OR for any loss of profits or loss of revenues resulting from the use of 'Online Presence Solutions' Services by the Customer or any third parties
2. Or any loss of data resulting from delays, non-deliveries or service interruptions.

c. Service Provision

'Online Presence Solutions' provides the Services on an "AS IS" basis, without any warranties, including but not limited to, implied warranties, merchantability, or fitness of the Services for any particular purpose. The Customer shall be solely responsible for the selection, use and suitability of the Services, and the Provider shall have no liability therefore.

6. Assignment

Customers do not have the right to assign this Agreement without the explicit permission of 'Online Presence Solutions'. This Agreement shall be in force and effect to the total benefit of the Customer and the Provider and their successors and permitted assigns.

7. Revisions

'Online Presence Solutions' reserves the right to revise this document at any time, without prior notice. Customers are encouraged therefore to periodically review these VPS Terms of Service and the Acceptable Use Policy.

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