Company: DIGITOPIA M1 LIMITED
ID number: 15303596
Address: 3rd Floor Suite, 207 Regent Street, London, W1B3HH
As a provider of web site hosting and other Internet-related services, WIXVPS offers its customer (also known as "Subscribers") and their customers and users the means to acquire and disseminate a wealth of public, private, commercial and non-commercial information. WIXVPS respects that the Internet provides a forum for free and open discussion and dissemination of information. However, when there are competing interests at issue, WIXVPS reserves the right to take certain preventive or corrective actions. In order to protect these competing interests, WIXVPS has developed an Acceptable Use Policy ("AUP"), which supplements and explains certain terms of each customer's respective service agreement, and is intended as a guide to the customer's rights and obligations when using - WIXVPS' services. This AUP will be revised from time to time.
One important aspect of the Internet is that no one party owns or controls it. This fact accounts for much of the Internet's openness and value, but it also places a high premium on the judgment and responsibility of those who use it, both in the information they acquire and in the information they disseminate to others. When subscribers obtain information through the Internet, they must keep in mind that WIXVPS cannot monitor, verify, warrant or vouch for the accuracy and quality of the information they acquire. For this reason, the subscriber must exercise his or her best judgment in relying on information obtained from the Internet, and also should be aware that some material posted to the Internet may be sexually explicit or otherwise offensive. Because WIXVPS cannot monitor or censor the Internet, and will not attempt to do so, WIXVPS cannot accept any responsibility for injury to its subscribers resulting from inaccurate, unsuitable, offensive or illegal Internet communications.
When subscribers disseminate information from the Internet, they must keep in mind that WIXVPS does not review, edit, censor or take responsibility for any information its subscribers may create. When users place information on the Internet, they have the same liability as other authors for copyright infringement, defamation and other harmful speech. Also, because the information created is carried over WIXVPS ' network and may reach a large number of people, including both subscribers and non-subscribers of WIXVPS , subscribers' postings to the Internet may affect other subscribers and may affect WIXVPS ' goodwill, business, reputation or operations.
For these reasons, subscribers violate WIXVPS policy and the Service Agreement when they, their customers, affiliates or subsidiaries engage in the following prohibited activities:
Spamming: Sending unsolicited bulk and/or commercial information over the Internet. It is not only harmful because of its negative impact on consumer attitudes toward WIXVPS, but also because it can overload WIXVPS' network and disrupt service to WIXVPS' subscribers. Also, maintaining an open SMTP relay is prohibited. When a complaint is received, WIXVPS will investigate and shutdown the account that is SPAMing. A $500 charge for violating this policy will be charged to the person initiating the SPAM. Furthermore WIXVPS reserves the right to prosecute for this violation. A $1.00 charge will be assessed PER EMAIL sent should WIXVPS choose to pursue and prosecute.
Adult-Oriented Content: WIXVPS requires to be notified may you wish to provide adult content, whether it be images, video, games, audio or software. Your intent to do so must be stated prior to, or at the time of purchase. Failure to comply may result in your account being suspended/terminated without notice.
Obscene Speech or Materials: Using WIXVPS' network to advertise, transmit, store, post, display, or otherwise make available child pornography or obscene speech or material is prohibited. WIXVPS is required by law to notify law enforcement agencies when it becomes aware of the presence of child pornography on or being transmitted through its network.
Defamatory or Abusive Language: Using WIXVPS' network as a means to transmit or post negative, defamatory, harassing, abusive or threatening language.
Forging of Headers: Forging or misrepresenting message headers, whether in whole or in part, to mask the originator of the message.
Illegal or Unauthorized Access to Other Computers or Networks: Accessing, illegally or without authorization, computers, accounts or networks belonging to another party, or attempting to penetrate security measures of another individual's system (often known as "hacking OR botting"). Also, any activity that may be used as a precursor to an attempted system penetration (i.e., port scan, stealth scan or other information-gathering activity).
Distribution of Internet Viruses, Worms, Trojan Horses or Other Destructive Activities: Distributing information regarding the creation of and sending Internet viruses, worms, Trojan horses, pinging, flooding, mail bombing or denial of service attacks. Also, activities that disrupt the use of or interfere with the ability of others to effectively use the network or any connected network, system, service or equipment.
Copyrighted Content: The illegal or abusive use of content, including but not limited to the fraudulent use of content, or the use of content in violation of rights belonging to a third party (personality rights, copyrights, patents, brands or other intellectual property rights.)
Other Illegal Activities: Engaging in activities that are determined to be illegal, including, but not limited to, advertising, transmitting or otherwise making available ponzi schemes, pyramid schemes, fraudulently charging credit cards and pirating software.
We may collect personal identification information from Users in a variety of ways, including, but not limited to, when Users visit our site, place an order, fill out a form, and in connection with other activities, services, features or resources we make available on our Site.
Account creation: When you register an account, we will ask you your name, email address, mailing address, phone number, and business name.
Payment method: When you add your financial account information to your Account, that information is directed to our third-party payment processor. We do not store your financial account information on our systems; however, we have access to, and may retain, Users information through our third-party payment processor.
Communications: When you contact us by email or ticket, we may receive additional information that you chose to provide (name, email address, phone number, the content of the email or ticket, including its attachments.)
We may collect non-personal identification information about Users whenever they interact with our Site. Non-personal identification information may include but is not limited to the Users' browser name, the type of computer and IP address, as well as technical information about Users' means of connection to our Site, such as the operating system and the Internet service providers utilized.
What are cookies? A cookie is a small file stored on your device when you visit a website. It allows the website to recognise the user and may be used to collect information automatically.
Necessary: These cookies are essential to browse our websites. They allow us to provide you with a shopping cart, track transactions, shape traffic and distribute our content.
Functional: These cookies allow our website to remember your preferences when browsing such as the currency displayed.
Performance: These cookies help us optimize our websites by anonymously tracking network metrics.
All Services provided by WIXVPS may be used for lawful purposes only. Transmission, storage or presentation of any information, data or material in violation of any federal, province or city law is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, or material protected by trade secret and other statute. The subscriber agrees to indemnify and hold harmless WIXVPS from any claims resulting from the use of service which damages the subscriber or any other party.
Sites that promote any illegal activity or present content that may be damaging to WIXVPS' servers, or any other server on the Internet are prohibited. Links to such material are also prohibited.
Examples of unacceptable content or links:
Hacker programs or archives
Hate speech related activities
Child, juvenile, animal pornography and all related activities
Copyrighted material (ex: movies, TV shows, books, pay-per-view TV, pictures, etc.)
NOTICE: If your account is found to contain or link to illegal activities such as described by, but not limited to these Terms of Service, WIXVPS reserves the right to terminate your account without further notice. No refund will be made for pre-paid terms if termination occurs following infringement of these Terms of Service, or if required by law enforcement agencies.
We currently do not allow IRC or IRC bots to be operated on our servers.
Any attempt to undermine or cause harm to a server or customer of WIXVPS is strictly prohibited. As our customer you are responsible for all your accounts. Should you violate the Terms of Services outlined within, your account and all associated Services may be terminated without further notice or refund.
We reserve the right to refuse, cancel or suspend Services, at our sole discretion, if we deem that these terms have been breached.All sub-networks, distributive hosting sites and dedicated servers of WIXVPS must adhere to the policies outlined in this Terms of Service.
By the Account Activation Date of each month, WIXVPS shall either:
(1) debit the client's credit card (when such information has been provided by the client); or
(2) deliver, by e-mail or regular mail, an invoice in accordance with the applicable Service Fees for Services rendered for the current month.
Invoices are generated 14 days prior to the original Account Activation Date, and payment shall be remitted to WIXVPS by no later than the specified payment due date. WIXVPS shall be entitled to immediately terminate this agreement for client's failure to make timely payments. Credit cards can be billed automatically unless a direct request is made to our Billing, at least 48hours prior to the payment due date. It is the client's responsibility to ensure that they have sufficient funds to cover all transactions. In the event of payment failure, an automated invoice reminder will continue being sent. It is the customer's responsibility to provide an alternate payment method before the due date is reached. All late payments may result in account or service suspension.
Invoices not paid before or on the due date will incur a late fee of 15% of the total amount that remains unpaid on the invoice.
Invoices are issued 14 days prior to the applicable due date for each active service.
A warning e-mail will be sent after the due date is passed without a payment being received and an invoice being marked as PAID.
Failure to pay within 24 hours will result in an immediate suspension of your service and a suspension notification will be sent via email.
WIXVPS does not guarantee that your service may be recuperated after termination and may not be held liable for loss of data, licensing rights, promotional prices or conditions, as well as any attached devices or secondary IP addresses following service termination.
Upon receiving a new customer's first paid order, WIXVPS reserves the right to issue an Order Verification e-mail, requesting further information in order to validate your account. Until all required information is provided and deemed satisfactory by our fraud verification team, no services or support can be provided. The 3 business day delivery time starts after the verification step is passed. Verification is not necessary for all orders, and may be requested again any time you change your payment method.
There is no Money back Policy All sales are final
Refunds: All Sales are Final There are no refunds as we use 3rd party nodes they are paid in full when service is activated. When you Agree TOS you agreed to this Very Important No Refunds.
We do not offer trial periods of any kind for dedicated servers.
We DO NOT Offer refunds. We require a 7-days notification prior to an invoice’s due date for cancelling a service. No refund can be issued for incomplete billing cycles, even if a cancellation request is issued prior to the 7-days period. Following the 7-days period, the previously generated invoice will have to be paid before issuing a cancellation request. The server will then be cancelled on the following due date.
WIXVPS shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from WIXVPS' servers going off-line or being unavailable for any reason whatsoever. Furthermore, WIXVPS shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any web site from one of WIXVPS' servers. All damages shall be limited to the immediate termination of service.
Violations of these Acceptable Use Policies should be forwarded to firstname.lastname@example.org. All complaints will be investigated promptly. Failure to follow any term or condition will be grounds for immediate account deactivation or termination.
As our hosting services are solely self-managed, the customer is fully responsible for data backup. WIXVPS cannot be held liable for system down times, network or hardware failures or data loss, nor can WIXVPS be held accountable for any loss on projected income due to system down times, network or hardware failures or data loss. Certain services provided by WIXVPS are resold. Thus, certain equipment, routing, software and programming provided by WIXVPS are not directly owned or written by WIXVPS. Moreover, WIXVPS holds no responsibility for the use of our client accounts. Failure to comply with any terms or conditions may result in the automatic deactivation or termination of the responsible account. We reserve the right to remove any account, without advance notice for any reason without restitution, as WIXVPS sees fit.
WIXVPS guarantees 99.99% service (http, ftp, pop, imap, smtp) uptime in Tier 1 locations only.
WIXVPS reserves the right to amend any or all of the above policies, guidelines and disclaimer without notification. We also retain the right to increase any pricing and make changes to our account plans without notification. We will not however increase active account plans without reasonable justification, and a 30 day warning will be provided for all such price increases.