Terms of Service

Contact Information
You are responsible for making sure that we have your current and correct contact information on file, by frequently logging in to your Client Portal.  We reserve the right to send announcements and invoices relating to your services with us.  No more than twice a month we may email you information on promotions or discounts relevant to services we offer.  You may not report these messages as spam.  Doing so may be considered grounds for termination of your account.  RapidVPS LLC will NOT give your email address or any other identifiable information to any third party except under the direction of Law Enforcement officials.

Definitions

You/Your: All RapidVPS LLC customers and potential customers considering signing up for services with RapidVPS LLC

RapidVPS LLC: A legal Florida Limited Liability Corporation – RapidVPS LLC

Refund Policy

You may cancel your account at anytime, however RapidVPS LLC has a No Refund Policy.  To cancel your hosting account, you must submit a request via our Client Portal help desk.

Billing and Payment Cycles
If, at any time, a chargeback is issued through your credit card company, bank or PayPal (including PayPal disputes), we will immediately suspend all services listed on your billing account, including services not covered under the chargeback or dispute, and start collection efforts.  Upon receiving a Chargeback, your account will be invoiced $50.00 for the Chargeback fee.  Any chargebacks and chargeback fees will be charged 12% Interest Annually until paid from the date the chargeback is received.

If, any any time, your account is referred to collections, you are responsible for all collections activity charges.

Services are invoiced 14 days before your billing cycle ends, with several reminders sent until the account due date.  Overdue invoices are charged a normal late fee (10% of Invoice).  Accounts are suspended when they go past due and terminated 7 days past due.

You are responsible for logging into your Client Portal and to submit payment at the end of each billing cycle, unless you are set up for automatic debit from the credit or debit card on file or have a PayPal subscription.  Invoices are emailed to the email address you on on file with us in your Client Portal, approximately 2 weeks before your billing cycle ends.  We accept most major credit cards as well as PayPal and Cyrpto

IMPORTANT: You can choose to pay your invoices with the PayPal subscription service.  With a PayPal subscription, you are telling PayPal to send us a certain amount of money on a certain date  UNTIL YOU TELL THEM TO STOP PAYING US. If you accidentally set up two PayPal subscriptions, then PayPal will pay us twice.  We have no way to “take” money from your PayPal account.  If you accidentally overpay us via PayPal subscription, you need to cancel your PayPal subscription from within your PayPal account and contact us immediately.  RapidVPS LLC will not refund PayPal subscription overpayments, they will be credited to your billing account for future payments.  If you cancel and still have PayPal subscription payment credits left, you will loose those credits.

Liability
We will make every reasonable attempt to avoid unexpected server downtime and to ensure that all hosting accounts and servers are well taken care of.  Any network problem, equipment/hardware failure, data backup and storage or outage, that is not covered under our Service Level Agreement will not be grounds for reimbursement for any subsequent financial damages or losses.  All data backups are the account holders responsibility.  You may purchase a backup solution from us, if you do not RapidVPS LLC is NOT responsible for data backup integrity or subsequent loss.  Accounts should not be used for mission critical websites or email that require absolute redundancy.  Accounts are not guaranteed against any hacking attempt, denial of service attack, security breach, data loss, hardware problems, loss of use, loss of income and/or any unspecified general failures and any such incident.  By using the services of RapidVPS LLC, you agree that you will make no claim or attempt to collect for reimbursement of any financial loss or hardship related to using these services.  If you need fail safe redundant hosting services, contact us for special arrangements and related contracts.

Unsolicited E-mail (anti-spam policy)
Accounts caught sending unsolicited, as defined by RapidVPS LLC, email or usenet postings, either through our servers or to promote a web site on our servers will be terminated immediately, will not qualify for a refund and will be charged $50.00 per complaint filed.  If your account causes our services to become blacklisted with repeated complaints, a fee up to $250.00 may be charged as an Administrative Fee for cleaning up the blacklisting.  Accounts terminated for sending unsolicited email or usenet posts give up all rights to any content, files, backups and technical support associated with this and ALL accounts hosted on any and all RapidVPS LLC server or network.  You may not create email forwards which forward to an email address not accessible by you, unless the recipient has specifically contended for you to do so.

RapidVPS LLC reserves the right to investigate accounts accused of sending unsolicited emails, or usenet postings, in any way deemed necessary.  This includes suspending the accused account, during the pending investigation.

Sites promoting, advertising or otherwise making available tools, information and/or software for the purpose of sending unsolicited email or usenet postings will be shut down without notice. We reserve the right to cancel all accounts, of anyone having an account suspended for sending spam. We will make available, upon request, the source of the complaints. We will NOT make available the actual complaint, if it means giving out individual contact information of the person filing the complaint. WE STRONGLY SUGGEST THAT YOU AVOID USING THIRD PARTY MAILING LISTS – EVEN IF THEY ARE GUARANTEED TO BE CLEAN!!!

Although we have a ZERO TOLERANCE POLICY on unsolicited email/spam, we are not unreasonable. Since 1997, we have shut down an extremely small percentage of accounts for sending Unsolicited Email. However, we can and will enforce our Terms of Service.

*Unsolicited is defined, by RapidVPS LLC as: E-mail sent to recipients who have not asked to be contacted by you or Usenet postings (that are cross-posted to more than three newsgroups and/or posted in newsgroups where this is against that groups FAQ or charter), for the sole purpose of promoting a website or commercial business on our servers.

Excessive Bandwidth Use
If your account, with RapidVPS LLC goes over the bandwidth allowance set for that account, you agree to pay for that overage.  

Account Termination and Suspension
Violation of any of our Terms of Services will be grounds for immediate account termination.  Web sites deemed offensive, pornographic or racially degrading, by RapidVPS LLC, will be removed from our servers without notice. Abusive behavior towards the RapidVPS LLC staff, will not be tolerated and is grounds for immediate account termination.  Any threats of legal action involving RapidVPS LLC, its owners and/or staff will be grounds for immediate suspension and all further communication will be through our respective attorneys.  Web sites promoting, making available or otherwise contributing to software piracy, hacking, spamming, denial of service attacks and/or damage to commercial networks or servers will be removed from our servers without notice and illegal acts will be reported and prosecuted. Using your account for IRC/BBN purposes is not allowed on our servers.

Accounts using up enough server resources, to slow or crash a server, will be shut down without prior notice. If an account is shut down, due to server resource issues, we will (upon request) make a reasonable effort to help get the account unsuspended. We will not debug your software programs or spend time tracking down why your account was causing problems. It is your responsibility to look through account logs and evidence that we provide.  Third-party installed versions of FormMail are forbidden, due to the security risk they pose. We have FormMail available, globally, for all accounts on our network.

All server activity is logged. Any snooping, hacking, or other inappropriate activity of any type outside of your account, on our servers, will be grounds for termination. In addition, your account is for web and email use only, any other activities, at our sole discretion, will be grounds for termination as well.

All accounts listed in your billing account are subject to suspension if you have any past due invoices for any service.  If you need to make payment arrangements, or if your account has been suspended, please contact us immediately.

Amendments
This Terms of Service agreement may be amended, at any time, at the discretion of RapidVPS LLC Notification of amendments will be emailed to the address we have on file in billing and posted to our website. All accounts are required to comply with any changes made to these policies unless an account cancellation is requested within 3 days of the Terms of Service amendment.  You are required to keep a valid and current email address on file with us, in your billing account.  We are not responsible for lost or misdirected email.  We strongly suggest you check our website frequently for updates to this Terms of Service agreement.

If you are unsure if what you are doing is against our TOS, contact us.  There are no refunds granted for accounts terminated due to TOS violation.

Indemnification
Client agrees to defend, indemnify, and hold RapidVPS LLC harmless from any and all demands, liabilities, losses, injury, costs and claims, including reasonable attorney’s fees asserted against us, our agents, our customers, officers and employees, that may arise or result from any service provided or agreed to be performed or any product sold or supplied, infringing on proprietary rights of a third party, copyright infringement, or defective products by customer, our agents, employees or assigns.

Miscellaneous
In any legal proceeding between the parties under this Agreement, the prevailing party shall be entitled to recover its costs, expenses and reasonable attorneys’ fees.  This Agreement is made under and shall be governed by the laws of the United States of America. Exclusive Venue and Jurisdiction for any and all legal remedies arising out of or related to this agreement shall be in Osceola County, Saint Cloud, Florida.  Each party irrevocably consents to the foregoing jurisdiction and venue requirements and waives any and all objections to such requirements.