Terms of Service


Vortex Servers (vortexservers.com) offers various internet hosting services, all clients must accept and abide by the following terms:


Indemnification Policy


You agree to use all Vortex Servers services and facilities at your own risk. Vortex Servers specifically disclaims all warranties of merchantability and fitness for a particular purpose.

In no event shall Vortex Servers be liable for any loss of data, or any other commercial damage, including but not limited to special, incidental, consequential or other damages.

The customer agrees that it shall defend, indemnify, save and hold Vortex Servers harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney/lawyer's fees asserted against Vortex Servers, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, its agents, employees or assigns.

Customer agrees to defend, indemnify and hold harmless Vortex Serveres against liabilities arising out of any injury to person or property caused by any products sold or otherwise distributed in connected with Vortex Servers servers.

Vortex Servers reserves the right to intervene with any of the services hosted or controlled by Vortex Servers that infringe with the following terms. Furthermore Vortex Servers shall be the sole judge of what violates these terms.

These terms are subject to change at any time without notice.

Billing


Vortex Servers refund policy is subject to change at any time. As a customer of Vortex Servers, you are required to agree to acknowledge and follow by any clauses of this policy.

All sales are final - There is no option to refund a product if it is completely functional.

Vortex Servers also maintain the right to deem a service "functional" or not. You must contact a sales representative prior to requesting a refund, if any service is non functional due to limitations on said package, the service is still considered functional.

In the event that a payment is held by PayPal or any payment gateways supported by Vortex Servers, Vortex Servers reserve the right to suspend the service until the payment is accessible.

Vortex Servers reserve the right to hold payments, whether they are mistaken or not, all mistaken payments will be credited to said customers account, you are also entitled to a partial refund if you do not wish your account to be credited.

Moneybookers are the only exception to this clause, all payments are non refundable if paid through Moneybookers.

Furthermore the customer is only entitled to a refund for up to a maximum of 48 hours after purchasing said service from Vortex Servers if deemed to be an issue on our end relating to your service, if not then a pro-rated refund in terms of account credit with us with us will be added to your account. Any time exceeding 48 hours of the initial purchase no refunds will be given.

All customer accounts are billed according to the dates they were first activated on. If you refuse or forget to pay for said service, the service will be suspended.

PayPal offers a subscription based service, if you choose to setup a subscription through Paypal and cancel your service with us, you must also cancel the pre-approved payment. If you do not cancel your pre-approved payments then the funds will be automatically added to your account with us and are non-refundable. Any PayPal disputes may result in service/account suspension as well as your account balance being put on hold.

If an invoice is left unpaid for two days past the invoice being due the service will be suspended, invoice reminders are sent out 7 days prior to the invoice being due. If the invoice is still left unpaid for another fourteen days (2 weeks) the service will be subjected to termination, this will result in all files relating to said service being completely deleted from our servers.

Acceptable Use Policy


All services provided by Vortex Servers may be used for lawful purposes only. Transmission, storage or presentation of any information, data or material in violation of any United States Federal, State or City law is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, or material that is protected by trade secret and any other statute.

The customer agrees to indemnify and hold harmless Vortex Servers and its employees from any claims resulting from the use of the service which damages the client or any other party.

We make no representation and give no warranty as to the accuracy or quality of information received by any person via the Server and we shall have no liability for any loss or damage to any data stored on the Server.

You will not post, link to or transmit:

(a) Any material which is unlawful, threatening, abusive, malicious, defamatory, obscene, pornographic, blasphemous, profane or otherwise objectionable as determined by Vortex Servers in any way.

(b) Any material containing a virus or other hostile computer program.

(c) Any material which constitutes, or encourages the commission of a criminal offence, or which infringes any patent, trade mark, design right, copyright or any other intellectual property right or similar rights of any person which may subsist under the laws of any jurisdiction.

You will not send bulk email from our network. Nor will you promote a site hosted on our network using bulk email.

You will not employ programs which consume excessive system resources including, but not limited to, processor cycles and memory. We do not host IRC, IRC bots or other server resource intensive programs.

We reserve the right to remove any material which we deem inappropriate from your web site without notice. We do not host Warez, Underage Adult, Pornographic, or Copyrighted MP3 content.

Sending unsolicited mail messages, including, without limitation, commercial advertising and information announcements, is expressly prohibited. A customer shall not use another sites mail server to relay mail without the express permission of the site.

Customer acknowledges that the service provided is such of a nature that services can be interrupted for many reasons other than the negligence of the company and damages resulting from any interruption of the service are difficult to ascertain. Therefore, customer agrees that Vortex Servers shall not be liable for any damages arising from such causes beyond the direct and exclusive control of Vortex Servers.

Client further acknowledges that Vortex Servers' liability for its own negligence may not in any event exceed an amount equivalent to charges payable by the client for services during the period damages occurred.

In no event shall Vortex Servers be liable for any special of consequential damages, loss or copyrighted software or other data, harassment, fraud, trafficking in obscene materials.

All data which is stored on our servers is only allowed to be used for data regarding that service, non essential data will be removed.

Cancellation Policy


You may cancel your service at any time. Customers who are on a subscription basis, the subscription will renew until the Customer cancels. Services will continue until payments received have been exhausted. Customers service will be terminated after the account has been cancelled and any pre-payments or credits have been exhausted. TO cancel your account, you must login to your billing panel and go into Services > My Details > Management Options > Cancel. If you have a PayPal subscription you must cancel your subscription directly through PayPal. You can do this by logging into your PayPal account, clicking on your Vortex Servers subscription and then clicking cancel subscription. Failure to cancel your PayPal subscription may result in PayPal automatically taking payment from your account.

Legal Authority


You attest that you are of legal age to enter into this Agreement.

LIMITATION OF LIABILITY


VORTEX SERVERS SHALL NOT BE RESPONSIBLE FOR ANY CLAIMED DAMANGES, INCLUDING INCIDENTAL, CONSEQUENTIAL DAMAGES, WHICH MAY ARISE FROM VORTEX SERVERS SERVERS GOING OFF-LINE OR BEING UNAVALIBLE FOR ANY REASON WHATSOEVER. FURTHERMORE, VORTEX SERVERS SHALL NOT BE RESPONSIBLE FOR ANY CLAIMED DAMAGES INCLUDING INCIDENTAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE CORRUPTION OR DELETETION OF ANY FILE FROM ONE OF VORTEX SERVERS SERVERS. ALL DAMAGES SHALL BE LIMITED TO THE IMMEDIATE TERMINATION OF THE SERVICE. VIOLATIONS OF THESE ACCEPTIABLE USES POLICIES SHOULD BE REFERRED TO ADMIN@VORTEXSERVERS.COM. ALL COMPLAINTS WILL BE INVESTIGATED PROMPTLY.

Disclaimer


Vortex Servers cannot be held liable for system downtime, crashes, or data loss.

We cannot be held liable for any predicted estimate of profits in which a client would have gained if their service was functioning.

Certain services provided by Vortex Servers could be resold. This, certain equipment, routing, software, and programming used by Vortex Servers are not directly owned or written by Vortex Servers. Moreover, Vortex Servers holds no responsibility for the use of our clients accounts. If any anything stated in these terms or conditions are failed to be followed, the account in question will be terminated. We reserve the right to remove any account without advanced notice for any reason without restitution as Vortex Servers see fit.

FURTHERMORE, Vortex Servers retain the right to change any of all of the above Policies, Guidelines, and Disclaimer, without notification.

Effective as of August, 2011
Last updated, April 2012.