Account Registration

By registering your account with VPSgator.net (HOSTKO Ltd.), you acknowledge and agree to the aforementioned policies and disclaimer. Upon registering an account, it is mandatory to accept these policies, guidelines, and disclaimer. A copy of your acceptance will be forwarded along with your activation request and will be kept with your account information. NOTICE: In the event that you sign up for an account and fail to comply with these terms, no refunds will be provided. However, we will notify you via email or phone prior to taking any action, allowing you an opportunity to rectify the issue.

The Acceptable Use Policy (AUP) is put in place to regulate the use of VPSgator.net (HOSTKO Ltd.) virtual server, colocation service, and other services. By using VPSgator.net (HOSTKO Ltd.) services, you agree to abide by all the rules outlined below.

The AUP serves the purpose of defining and preventing behaviours that may be harmful to other users of VPSgator.net (HOSTKO Ltd.) and the wider Internet community.

In general, the services provided by VPSgator.net (HOSTKO Ltd.) are to be used solely for lawful purposes. Under no circumstances is the customer authorized to engage in any activity that is illegal under local, national, or international laws while utilizing VPSgator.net (HOSTKO Ltd.) services.

IP Allocations

All IP addresses assigned to subscribers must be justified according to RIPE Guidelines. If it is discovered that IP addresses assigned to a subscriber are not being used in accordance with these guidelines, they may be revoked. The purchase of additional IP addresses is only possible with explicit justification of the need for the IP address. We reserve the right to deny requests for IP addresses at our sole discretion.

Backups and data loss

The customer agrees to maintain a current copy of all content hosted by VPSgator.net (HOSTKO Ltd.), regardless of any agreement by VPSgator.net (HOSTKO Ltd.) to provide backup services. VPSgator.net (HOSTKO Ltd.) is not responsible for the completeness, integrity, or freshness of your account's backup. VPSgator.net (HOSTKO Ltd.) recommends that you have your own backup system in place as an additional precautionary measure.

Resource Usage

Each customer is expected to use server resources efficiently in order to ensure reasonable performance for all VPSgator.net (HOSTKO Ltd.) customers. Since server CPU and memory are shared resources, excessive utilization of these resources can disrupt or entirely hinder normal service performance for other users. VPSgator.net (HOSTKO Ltd.) retains the right to suspend or terminate services for any account that, in its sole discretion, is found to be abusing server resources. Such suspension or termination may occur at any time, without prior warning, and for any reason or no reason at all.

Payments

The customer agrees that payments for services incurred at VPSgator.net (HOSTKO Ltd.) must be made using a valid payment method. VPSgator.net (HOSTKO Ltd.) accepts all mayor Credit Cards, PayPal, and Wire Transfer as accepted payment methods. Payments made through any other payment method not mentioned above will not be accepted. For the initial payment of ordered services when subscribing for the first time, the subscriber's payment will only be accepted after completing a security check to prevent fraudulent orders. The subscriber authorizes VPSgator.net (HOSTKO Ltd.) to automatically charge any subsequent renewals, whether monthly, annual, or otherwise, using the payment method on file.

Money back guarantee & refund policy

All new subscribers of VPSgator.net (HOSTKO Ltd.) are eligible for a 7-day money back guarantee on VPS Servers. However, there are strictly no refunds for all other products, including but not limited to domain registrations, SSL certificates, 3rd party software licensing, managed support plans, Dedicated Servers, and Custom VPS products. A new customer is defined as someone who has never previously purchased services from VPSgator.net (HOSTKO Ltd.). The Money Back Guarantee applies only to single purchases. If a subscriber purchases a second or third hosting package and wishes to cancel the first package, they are not eligible for a refund.

Violation of the agreed-upon TOS/AUP during the ordering process nullifies eligibility for the 7-day Money Back Guarantee. Refunds will be issued only to the original payment method and may take up to one (1) week to process. Wire Transfers are not refundable under any circumstances, including during the money back guarantee period, if applicable. Refunds for Wire Transfers will be posted solely as credit to the hosting account for current or future services.

Promotional or sales plans are non-refundable. If a plan is listed under a special category and offered at a lower price than the regular one, it is considered promotional and not eligible for a refund.

Orders originating from China are excluded from the refund policy and are not eligible for a refund.

Cryptocurrency payments are non-refundable without any exceptions.

We do not provide refunds for partial monthly fees to accounts. Additionally, we require a 14-day notice for cancellation.

We reserve the right, at our sole discretion, to deny any refund request if we determine that there has been abuse of services in any way.

Cancellations

Subscriber acknowledges that a minimum of 14 days cancellation notice prior to the renewal of subscribed term must be made. Notice of cancellation can be made subject to the following guidelines:

Cancellation Request can be submitted to the billing department by clicking the “Request Cancellation” button within the specific service page of subscribed service, that subscriber wishes to cancel.

Subscribers that pay VPSgator.net (HOSTKO Ltd.) via PayPal, it is your responsibility to cancel any subscription for recurring PayPal payments. VPSgator.net (HOSTKO Ltd.) (which has no control over PayPal subscription payments) is not responsible for payments made from your PayPal account after cancellation and is under no obligation to refund such payments made after cancellation.

In the event of a payment dispute, any customer who initiates a credit card or PayPal payment dispute agrees to pay a "Reactivation Fee" of 50,00 EUR to have their services unsuspended, regardless of the outcome of the dispute. We reserve the right to refuse the renewal of services to any subscriber who initiates a chargeback.

Chargebacks

Subscribers who wish to dispute a payment must directly email info@vpsgator.net. The issue will be thoroughly researched and investigated by account managers. If this step is skipped and the subscriber proceeds with a payment dispute or chargeback through their credit card issuing bank or PayPal ("Dispute"), the subscriber's account will be immediately suspended pending investigation of the issue. VPSgator.net (HOSTKO Ltd.) maintains a zero tolerance policy for chargebacks.

In the event of a payment dispute, any customer who initiates a credit card or PayPal payment dispute agrees to pay a "Reactivation Fee" of 50,00 EUR to have their services unsuspended, regardless of the outcome of the dispute. We reserve the right to refuse the renewal of services to any subscriber who initiates a chargeback.

Taxes

Customers whom are residents of the European Union must pay applicable VAT (22%). Those customers that purchasing on behalf of a registered company, are excluded from VAT charges, granted that a valid Europa VAT number is provisioned to our accounts team during signup.

Sending Emails

Using our services to transmit or facilitate the sending of unsolicited bulk or commercial messages (commonly known as 'spam') is strictly prohibited. This includes hosting web pages that are advertised within spam emails sent from another network, using the Service to receive responses from unsolicited emails, configuring an email server to accept third-party emails for forwarding, and running mail lists.

It is also prohibited to transmit any data that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware, or any other harmful programs designed to damage computer software or hardware.

Software, Copyrighted Material

Sites that promote illegal activities or contain content that could harm the servers of VPSgator.net (HOSTKO Ltd.) or any other server on the Internet are not allowed. Additionally, linking to such materials is also prohibited. The following activities are strictly prohibited and may lead to immediate suspension and/or termination of your account if discovered:

1. - Chobots, Starbound, and Runescape
2. - Denial of Service (DoS) attacks
3. - Port scanning
4. - The use of public TOR/VPN/Proxy or any kind of anonymity services (VPN and Proxy usage is acceptable if solely used by the customer)
5. - Torrents
6. - Illegal downloads or piracy
7. - Virtual currency (*coin) mining
8. - HentaiAtHome
9. - IP spoofing
10. - Fake or replica product websites
11. - World Community Grid
12. - HYIP websites
13. - Booter or Stresser websites
14. - HitLeap or any artificial traffic creation
15. - iBusinessPromoter or similar software
16. - LIULIANGKUANG
17. - CPU and I/O intensive operations

NOTICE: If your account is found to contain illegal activity, illegal MP3 files, pirated software, hacker programs, warez programs, or any other illegal files, your account will be terminated immediately, with or without notice. In addition, VPSgator.net (HOSTKO Ltd.) reserves the right to notify the appropriate authorities of your actions. However, please note that VPSgator.net (HOSTKO Ltd.)'s team will not manually scan through end user files unless a valid abuse report is received, a court order is received, or local authorities request such action.

Online Abusive Behavior

It is strictly prohibited to:

1. - Gain unauthorised access or attempt to access systems or networks without prior authorisation from the administrator of the respective network or system (commonly known as hacking).
2. - Interfere with the service of a system, network, or host, including deliberate attempts to overload a system and engage in various forms of online attacks.
3. - Monitor data or traffic on any network or system without prior authorisation from the administrator of the corresponding network.
4. - Use a computer without the owner's authorisation, including activities such as password theft, security vulnerability scanning, and port scanning.

Cryptocurrency

Mining cryptocurrency on all VPS, dedicated servers, and cloud solutions is strictly prohibited.

Enforcement

We reserve the right to suspend or terminate, without warning or notice, the account and services of any customer found to have violated this policy. In such cases, your account may be suspended or terminated, and you may be held responsible for any loss or damage that occurs as a result of the breach.

Reporting Violations

If you believe that any violation of this AUP is taking place, please contact us immediately. We will promptly respond to your report, investigate the issue, and take appropriate action.

Changes to the acceptable use policy

We reserve the right to modify this AUP at any time without prior notice. We encourage you to periodically visit this page to stay informed about any changes we may make.

Disclaimer of Warranties

VPSGATOR.NET DOES NOT WARRANT OR REPRESENT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE. TO THE EXTENT PERMITTED BY APPLICABLE LAW VPSGATOR.NET DISCLAIMS ANY AND ALL WARRANTIES INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY APPLICABLE LAW, ALL SERVICES ARE PROVIDED ON AN “AS IS” BASIS.

Limitation of Damages

NEITHER PARTY SHALL BE LIABLE TO THE OTHER FOR ANY LOST PROFITS, OR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE LOSS OR DAMAGE OF ANY KIND, OR FOR DAMAGES THAT COULD HAVE BEEN AVOIDED BY THE USE OF REASONABLE DILIGENCE, ARISING IN CONNECTION WITH THE AGREEMENT, EVEN IF THE PARTY HAS BEEN ADVISED OR SHOULD BE AWARE OF THE POSSIBILITY OF SUCH DAMAGES.

NOTWITHSTANDING ANYTHING ELSE IN THE AGREEMENT TO THE CONTRARY, THE MAXIMUM AGGREGATE LIABILITY OF VPSgator.net (HOSTKO Ltd.) AND ANY OF ITS EMPLOYEES, AGENTS OR AFFILIATES, UNDER ANY THEORY OF LAW (INCLUDING BREACH OF CONTRACT, TORT, STRICT LIABILITY, AND INFRINGEMENT) SHALL BE A PAYMENT OF MONEY NOT TO EXCEED THE AMOUNT PAYABLE BY CUSTOMER FOR ONE MONTH OF SERVICE.

Last updated: 01.11.2023