Terms of Service (TOS)
SVO Solutions (SVO) agrees to furnish services to the Client, subject to the following Terms of Service (TOS). Use of SVO Services constitutes acceptance and agreement to SVO's Acceptable Usage Policy (AUP) as well as SVO's Terms of Service (TOS). The TOS and AUP may be changed from time-to-time at the discretion of SVO. Client understands that change to the AUP by the Company shall not be grounds for early contract termination or non-payment.
Payment & Refund
As consideration for SVO providing the Hosting Services hereunder, Client agrees to pay SVO the necessary subscription fee based on the hosting plan and billing terms subscribed to. All sales are final to all delivered services and we provide NO REFUND unless otherwise stated. It is considered delivered services upon Client's use of provided account user name and password to access our network. SVO reserves the right to deny Client the use of any payment method. All fraudulent payment and filing of payment disputes/chargebacks will be subjected to immediate termination of your account/service as you are deemed to have not paid for the service. Upon cancellation of prepayment Client will be refunded remaining balance.
Invoicing for Service renewals
SVO shall send invoice and payment reminder at least 10 days before due date unless custom arrangement has been mutually agreed.
Client agrees to provide SVO with accurate and complete contact information. Contact information means any data relating to Client's identity, electronic mail, and street address, or telephone and fax number, or any other information that Client provides to SVO in order to receive or to continue receiving services. Further, Client agrees to provide with updated contact information within a reasonable period of time following the change in circumstance that creates the need for updated information, providing false or misleading information shall result in immediate account termination with no refund.
Client must submit service cancellations by opening a ticket through our client portal or using the portal's service cancellation request at least 2 days but not more than 30 days before the end of the service's billing cycle. Cancellation requests are not accepted through phone, email, fax, or any other method besides through opening a ticket through our client portal. Only the authorized account holder may cancel the account.
Suspension of Service
SVO shall suspend all provided services before or after 48 hours of accounts overdue and will be automatically subject to service termination within further 24 Hours unless otherwise prior arrangement has been mutually agreed. Repeated suspension due to overdue invoices may result in $10 late fee and or $25 reconnection fee. If a service is suspended due to non-payment the service in question will only be reactivated once payment for the outstanding balance has been received in full. If all services on an active account are deactivated all outstanding invoices must be paid in full before any one service will be reactivated.
Harassment and Abuse
SVO does not tolerate abuse of any kind towards its staffs. This includes all verbal harassment, yelling, swearing, rudeness, threats, and any intentionally disruptive behavior directed at SVO or any of it's staff or agents. Client agrees to engage us in a professional manner whether in email, helpdesk tickets, live chat, forums, or on the telephone. Any abuse will be construed as a violation of this Terms of Service agreement. No refunds will be provided for any service termination which arises as a result of a violation of this clause.
Digital Millenium Copyright Act (DMCA)
We treat all DMCA take down notices seriously, depending on the nature of offense we will give no more than 24 hours notice for you to look into and comply with DMCA takedown request, failure to do so will result in your account or service suspension, second and subsequent offenses will require payment of at least $5 administrative fee before your service be reactivated for compliance. We reserve the right to immediately terminate your service for copyright infringement violations.
Disclosure to Law Enforcement
The AUP specifically prohibits the use of our service for illegal activities. Therefore, Client agrees that SVO may disclose any and all subscriber information including assigned IP numbers, account history, account use, etc. to any law enforcement agent who makes a written request without further consent or notification to the Client. In addition, SVO shall have the right to terminate all service set forth in this Agreement.
SPAM and Unsolicited Commercial Emails (UCE)
SVO takes a zero tolerance approach to the sending of Unsolicited Commercial Email (UCE) or SPAM over the network(s) used by SVO. Simply put this means that Clients of SVO may not use or permit others to use our network to transact in UCE.
Clients of SVO may not host, or permit hosting of, sites or information that is advertised by UCE from other networks. In addition, it is not acceptable to transmit bulk email through remote SOCKS, HTTP or other similar proxies who in turn make a SMTP (TCP port 25) connection to the destination mail servers. This technique may result in account suspension or termination. Violations of this policy carry severe penalties, including termination of service.
Violation of SVO's SPAM policy will result in severe penalties. Upon notification of an alleged violation of our SPAM policy, SVO will initiate an immediate investigation (within 48 hours of notification). During the investigation, SVO may restrict Client access to the network to prevent further violations. If a Client is found to be in violation of our SPAM policy, SVO may, at its sole discretion, restrict, suspend or terminate Client's account. Further, SVO reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. SVO may notify law enforcement officials if the violation is believed to be a criminal offense.
First violations of this policy will result in an account suspension will be reviewed for possible immediate termination. A second violation will result in an "Administrative Fee" of at least $48.00 and or immediate termination of your account. Users who violate this policy agree that in addition to these "Administrative" penalties, they will pay "Research Fees" not to exceed $60.00 per hour that SVO personnel must spend to investigate the matter. Anyone hosting websites or services on their server that support spammers or cause any of our IP space to be listed in any of the various Spam Databases will have their server immediately removed from our network. The server will not be reconnected until such time that you agree to remove ANY and ALL traces of the offending material immediately upon reconnection and agree to allow us access to the server to confirm that all material has been COMPLETELY removed. Severe violations may result in immediate and permanent removal of the server from our network without notice to the Client. Any server guilty of a second violation WILL be immediately and permanently removed from our network without notice.
All IP addresses which are assigned to Client must be justified per ARIN Guidelines at http://www.arin.net/policy/nrpm.html. If it is determined that IP addresses which have been assigned to Client are not being used in accordance with these guidelines, they may be revoked.
SVO agrees to provide reasonable technical support unless otherwise the service is "unmanaged/self-managed server hosting" by email or support ticket to Client during normal business hours. SVO will provide Client support by telephone if the Client purchased telephone support time. SVO's support responsibility to all unmanaged/self-managed hosting services Client is limited to hardware and network related issues. SVO does not extend it's support service to third party clients or clients of our clients.
Client is responsible for backing-up their data, we are not responsible for all data loses if Client don’t provide their own data back-ups unless otherwise they subscribed to any of our back-up services.
System and Network Security
Users are prohibited from violating or attempting to violate the security of the SVO. Network. Violations of system or network security may result in civil or criminal liability. SVO will investigate occurrences, which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations. These violations include, without limitation:
-Accessing data not intended for such User or logging into a server or account, which such User is not authorized to access.
-Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization.
-Attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, "flooding", "mail bombing" or "crashing".
-Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.
-Taking any action in order to obtain services to which such User is not entitled.
Rights to the Web Site and Content. With the exception of any Third-Party Materials and Background Technology, Client or copyright owner owns the Client Content."Client Content" means all content or information (including, without limitation, any text, music, sound, photographs, video, graphics, data, or software), in any medium, provided by Client to SVO. "Third-Party Materials" means any content, software, or other computer programming material that is owned by an entity other than SVO, and licensed by SVO or generally available to the public, including Client, under published licensing terms, and that SVO will use to display or run a Web site. SVO owns the rights to the design of the web site. If a Client stops paying the monthly fee for the web site upon cancellation the Client is not entitled to use the web site for any purposes what so ever.
Limited License to the Background Technology. "Background Technology" means computer programming/formatting code or operating instructions developed by or for SVO and used to host or operate the Web site or a Web server in connection with a Web site. Background Technology includes, but is not limited to, any files necessary to make forms, buttons, checkboxes, and similar functions and underlying technology or components, such as style sheets, animation templates, interface programs thatlink multimedia and other programs, customized graphics manipulation engines, and menu utilities, whether in database form or dynamically driven. Background Technology does not include any Client Content. Client may not duplicate or distribute any Background Technology to any third party without the prior written consent of SVO. All rights to the Background Technology not expressly granted to Client hereunder are retained by SVO. Without limiting the foregoing, Client agrees not to reverse-engineer, reverse-assemble, decompile, or otherwise attempt to derive any source code of the Background Technology, except as allowed by law.
Limited License to Content. Client hereby grants to SVO the limited, nonexclusive right and license to copy, distribute, transmit, display, perform, create derivative works from, modify, and otherwise use and exploit Web site, any Client Content, or any Client Marks provided to SVO hereunder, solely for the purpose of rendering SVO' Services under this Agreement or by providing data backup service. Such limited right and license shall extend to no other materials or for any other purpose and will terminate automatically upon termination of this Agreement for any reason.
Content Standards & Copyright Protection
Content Standards. Client agrees not to provide Client Content, and SVO will not intentionally provide to Clients any content, that (a) infringes on any third party's intellectual property or publicity/privacy rights; (b) violates any applicable law or regulation; (c) is defamatory, violent, clearly harmful, or obscene or pornographic or infringes on citizens' rights; or (d) contains any viruses, Trojan horses, worms, time bombs, cancel bots, or other computer programming routines that are intended to damage or interfere with any system, data, or personal information. If Client is international, then Client agrees to comply with all applicable local and national laws. SVO reserves the right to refuse any other subject matter it deems inappropriate.
Any advertised unmetered means fair-use and without hidden or extra data charges, it is provided in good faith and under “as-is” basis, therefore we would not tolerate abuse that will affect the operations of our own and our provider’s network and services. We reserve the right to discuss with you your upgrade options or terminate your unmetered services and or charge you for excess usages if found not in accordance with our TOS and AUP. You are free to use any unmetered services anyway you like as long as it is within our AUP.
Except as expressly provided in this Agreement, the Services are provided "as is," and SVO expressly disclaims all warranties and conditions of any kind, express, implied, or statutory, including, without limitation, the implied warranties of title, non-infringement, merchantability, and fitness for a particular purpose. Interruption of Service: You hereby acknowledge and agree that SVO will not be liable for any temporary delay, outages or interruptions of the Services. Each party acknowledges that it has not entered into this Agreement in reliance upon any warranty or representation except those specifically set forth herein. Unless an approval process is specified herein or in a Statement, all Hosting provided by SVO to a Client will be deemed accepted when delivered.
Client agrees that SVO's failure at any time to enforce any of the provisions of this TOS or any right or remedy available hereunder, or at law or equity, or to exercise any option herein provided, shall in no way be construed to be a waiver of such provisions, rights, remedies, or options or in any way to affect the validity of this TOS. The exercise by SVO of any rights, remedies, or options provided hereunder, or at law or equity, shall not preclude or prejudice SVO from exercising thereafter the same or other rights, remedies, or options.
You agree that SVO is not responsible for any damages, delays, or other failures to fulfill its obligations hereunder as a result of war, fire, strike, riot or insurrection, natural disaster, delay of carriers, governmental order or regulation, complete or partial shutdown of plant, unavailability of materials or equipment from suppliers, failures or blackouts, labor disputes, and/or other occurrences beyond its control whether or not similar to those listed above. Assignment Neither this TOS nor any of the rights, interests or obligations hereunder may be assigned by the Client (whether by operation of law or otherwise) without the prior written consent of SVO. SVO may assign this TOS without the consent of Client. Subject to the foregoing, this TOS shall be binding upon, inure to the benefit of and be enforceable by the parties and their respective successors and permitted assigns.
Limitation of Liability.
SVO SOLUTION'S LIABILITY HEREUNDER SHALL NOT EXCEED THE AMOUNT PAID BY CLIENT TO SVO SOLUTIONS DURING (1) MONTH PERIOD BEFORE THE ACTION AROSE. SVO SHALL NOT BE LIABLE FOR (A) ANY LOSS OF USE, LOSS OF DATA, OR INTERRUPTION OF BUSINESS OR (B) ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, LOST PROFITS), REGARDLESS OF THE FORM OR ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, EVEN IF SVO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CLIENT ACKNOWLEDGES THAT THESE LIMITATIONS ARE AN ESSENTIAL ELEMENT OF THIS AGREEMENT, AND ABSENT SUCH LIMITATIONS, SVO WOULD NOT ENTER INTO THIS AGREEMENT.
We reserve the right to refuse service to anyone at any time for any reason. SVO is not responsible for data integrity on equipment reclaimed for non- payment. You, as SVO's client, are solely responsible for the content stored on and served by your SVO service. Anything not explicitly stated in this TOS is subject to interpretation at SVO's sole and absolute discretion.
ACCEPTABLE USE POLICY (AUP)
This Acceptable Use Policy document, including the following list of Prohibited Activities, is an integral part of your Hosting Agreement with SVO Hosting Solutions (also known as Neodelphi Limited). If you engage in any of the activities prohibited by this AUP document SVO Hosting Solutions may suspend or terminate your account.
SVO's Acceptable Use Policy (the "Policy") for SVO Solutions' Services is designed to help protect SVO, SVO's existing clients and the Internet community in general from irresponsible or, in some cases, illegal activities. The Policy is a non-exclusive list of the actions prohibited by SVO. SVO Solutions reserves the right to modify the Policy at any time, effective upon posting at http://svosolutions.com/terms.html.
Prohibited Uses of SVO Solutions Systems and Services:
1. Transmission, distribution or storage of any material in violation of any applicable law or regulation is prohibited. This includes, without limitation, material protected by copyright, trademark, trade secret or other intellectual property right used without proper authorization, and material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws, therefore we do not allow torrent or anything similar in any of our servers.
2. Sending Unsolicited Bulk Email ("UBE", "spam"). The sending of any form of Unsolicited Bulk Email through SVO Solutions's servers is prohibited. Likewise, the sending of UBE from another service provider advertizing a web site, email address or utilizing any resource hosted on SVO Solutions's servers, is prohibited. SVO Solutions accounts or services may not be used to solicit customers from, or collect replies to, messages sent from another Internet Service Provider where those messages violate this Policy or that of the other provider.
3. Running Unconfirmed Mailing Lists. Subscribing email addresses to any mailing list without the express and verifiable permission of the email address owner is prohibited. All mailing lists run by SVO Solutions clients must be Closed-loop ("Confirmed Opt-in"). Purchasing lists of email addresses from 3rd parties for mailing to from any SVO Solutions-hosted domain, or referencing any SVO Solutions account, is prohibited.
4. Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to violate this AUP or the AUP of any other Internet Service Provider, which includes, but is not limited to, the facilitation of the means to send Unsolicited Bulk Email, initiation of pinging, flooding, mail-bombing, denial of service attacks.
5. Operating an account on behalf of, or in connection with, or reselling any service to, persons or firms listed in the Spamhaus Register of Known Spam Operations (ROKSO) database at www.spamhaus.org.
6. Unauthorized attempts by a user to gain access to any account or computer resource not belonging to that user (e.g., "cracking, phishing site").
7. Obtaining or attempting to obtain service by any means or device with intent to avoid payment.
8. Unauthorized access, alteration, destruction, or any attempt thereof, of any information of any SVO Solutions clients or end-users by any means or device.
9. Knowingly engage in any activities designed to harass, or that will cause a denial-of-service (e.g., synchronized number sequence attacks) to any other user whether on the SVO Solutions network or on another provider's network.
10. Using SVO Solutions's Services to interfere with the use of the SVO Solutions network by other clients or authorized users.
11. We do not allow hosting of illegal adult materials, child pornography, propaganda, hate, racial slur and similar materials.
12. We prohibit the use of Internet Relay Chat (IRC) in any of our servers except in Germany where we allow private use of IRC/IRC bouncer and must not be connected to any known private IRC networks or must not be publicly accessible.
13. We do not allow hosting of gambling website of any kind.
14. You should not use our logo, registered name and any other trademarks we own without written permission from us.
Customer Responsibility for Customer's Users
Each SVO Solutions customer is responsible for the activities of its users and, by accepting service from SVO Solutions, is agreeing to ensure that its customers/representatives or end-users abide by this Policy. Complaints about customers/representatives or end-users of an SVO Solutions customer will be forwarded to the SVO Solutions customer's postmaster for action. If violations of the SVO Solutions Acceptable Use Policy occur, SVO Solutions reserves the right to terminate services with or take action to stop the offending customer from violating SVO's AUP as SVO Solutions deems appropriate, without notice.
Lastly we, 'solely' reserve the right do decide what constitute violation of this AUP. You can contact us anytime if you have questions or require any clarifications about our TOS and AUP.