Naked VPS Terms and Conditions of Service
Last updated 1 November 2018
By purchasing any VPS hosting or any other type of hosting, additional service or product from Naked VPS, you (The Customer) are entering into an agreement with Naked VPS, which is bound by the Terms and Conditions of Service ("Terms and Conditions") outlined in this document. This Agreement shall be construed in all respects in accordance with the laws of the state of NSW, Australia, applicable to contracts enforceable in that state. By completing the ordering process, you agree to have read, understood, and be bound by these Terms and Conditions of Service.
Hosting service – Any hosting service, Virtual Private Server ("VPS") or other type of service used to store and deliver web-based content.
Additional services – Any product or service that is considered an “addon” to a primary hosting service, or which covers one-off charges for additional work carried out by Naked VPS.
Resource usage – Any and all allocated resources provided to the customer to allow for the storage and delivery of the web-based content within a hosting service. This includes but is not limited to disk space, Memory, CPU, Bandwidth
Subscription – The term (typically annually) applicable to the purchased service.
- Establishment of any hosting or additional service is dependent upon receipt by Naked VPS of payment of stated charges as outlined on the Naked VPS website or any other documentation or custom quote provided to The Customer. Subsequent payments are due by the anniversary date of the subscription term in advance for the following subscription term’s service. All service fees are disclosed within a product description or will be disclosed to the customer prior to payment being required for any custom quotations or services ordered via phone.
- All subscriptions for VPS hosting services provided by Naked VPS are recurring by nature and the Customer agrees to pay any recurring fees listed in the Service description in advance each anniversary date until such time as The Customer submits a cancellation request in accordance with these Terms of Service.
- Certain fees paid to Naked VPS are considered non-refundable due to the nature of the product or service purchased and this includes but is not limited to the following:
- Third Party Products supplied by Naked VPS where Naked VPS acts as a reseller for another provider are provided as non-refundable products and refunds cannot be provided once the product has been activated on an account. This includes but is not limited to domain name registrations and third party product licenses.
- Services where additional labour is to be carried out by Naked VPS staff are non-refundable once the additional labour has been carried out.
- Should a Customer exceed the total amount of included hosting resource utilization, included but not limited to bandwidth, disk space, CPU and back up disk space, the customer agrees that overage fees will apply and are due immediately.
- Invoices are provided to The Customer by email using the contact email address assigned to the Customer or any additional billing contacts within the Naked VPS billing system. Invoices cannot be sent via postal mail or any other courier style service.
- Naked VPS does not provide written or printed statements.
- Naked VPS may temporarily deny service or terminate this Agreement upon the failure of The Customer to pay a subscriptions applicable recurring fees. Such termination or denial will not relieve The Customer of responsibility for the payment of all accrued charges, plus reasonable interest and any collection fees. Accounts that are not collectable by Naked VPS may be turned over to an outside collection agency for collection which may result in additional fees or fines being payable.
Refunds, Disputes, Cancellations
- Naked VPS provides a 90-day Money Back guarantee for VPS hosting services.
- All payments to Naked VPS are non-refundable, except where the money back period is applicable and the refund request is made within 90 days of the service signup date. One time setup and additional fees, if applicable, are non-refundable. Refunds are not provided automatically and must be requested by the customer within 90 days of requesting cancellation. Refunds are provided at our sole discretion.
- All disputes, billing or other, must be reported within 60 days of the time the dispute occurred.
- Naked VPS provides an ongoing recurring service which will remain active until such time as The Customer submits a cancellation request via email. Emails requesting cancellation should be sent to email@example.com and must be submitted 5 business days prior to the next due date to ensure no further fees are payable.
- Naked VPS does not charge a cancellation fee and does not refund prepaid fees except where the Money Back Guarantee is applicable.
- Upon successful cancellation of a hosting service, all data stored within the cancelled service will be securely destroyed. Naked VPS does not provide any guarantees that The Customer’s data will be retrievable once the cancellation process has been completed.
- Naked VPS may cancel a customer's hosting service for any breach of Naked VPS Terms and Conditions or the Naked VPS Fair Use Policy without prior notification. Naked VPS does not provide any guarantees that The Customer’s data will be retrievable once the cancellation process has been completed.
Ownership of Hosting Account
- The Customer warrants that all information provided to Naked VPS is truthful and correct and accurate and up to date and that the person designated as the Account Owner is of or above 18 years of age and is legally empowered to act and enter into this contract as The Customer or on behalf of The Customer as indicated on the relevant application form.
- The Customer is responsible for maintaining current contact information for their account and failure to maintain up to date contact information does not warrant the waiving of any fees, overdue fees, or warnings issued by Naked VPS.
- The Customer may add and authorise an additional contact person or persons to act on their behalf. To add an authorized contact to act in their behalf The Customer must contact Naked VPS via email and provide relevant information as requested at the time of notification.
Domain Name registrations completed by Naked VPS on behalf of The Customer are final and cannot be cancelled or refunded.
All customers of Naked VPS agree for Naked VPS to manage the renewals of their domain names in a timely manner, and renew the registration of the domain names up to 90 days before their expiry, or as and when they fall due, if early renewals are not possible.
Naked VPS has no control over keeping the domain name active once it has reached its expiry and does not take responsibility for a website becoming inaccessible due to The Customer not renewing their domain name.
General Terms and Support
Naked VPS provides technical support to its direct customers only. Any support provided is in accordance to Naked VPS support boundaries. Naked VPS hosting support is designed to assist customers with the use of and connections to the hosting service and does not extend to diagnosing or fixing issues that relate to the coding of a website or web application.
Additional website related support can be requested via email. Any such support will be charged at Naked VPS' or it's affiliate's current support rates. Naked VPS may or may not offer additional website related support to the Customer.
Naked VPS does not provide direct technical support to customers of The Customer. Resellers and affiliates must not advise their customers to contact Naked VPS directly.
Where Naked VPS can and agrees to provide advanced support to The Customer, additional service fees are required for the provision of the advanced support. Fees for advanced support are payable in advance based on the time estimated by Naked VPS and the current support rates. Naked VPS provides no guarantees that an issue or task will be resolved within the estimated time, and if further time is required, additional advanced support time will need to be paid for prior to any further labour being carried out.
The Customer is solely responsible for the content stored on and served within the VPS hosting service they are subscribing to. This includes any activity of scripts created under the hosting service. The Customer must maintain the security of all account passwords and applications or scripts and ensure all scripts under the hosting service are free from malicious content.
The Customer must ensure at all times they comply with Naked VPS Fair Use Policy and must not host any content or allow any account activity that breaches the Fair Use Policy.
When Naked VPS determines a hosting service has violated any element of the Fair Use Policy, The Customer shall receive an email warning advising of the violation. The hosting service may at Naked VPS discretion be subject to a temporary suspension until the customer agrees to cease any violations, at which point Naked VPS will unsuspend the service.
Naked VPS reserves the right to suspend access to The Customer’s hosting service should The Customer’s hosting service violate any of the terms of the Fair Use Policy and Naked VPS Terms and Conditions. Prior notification to the Customer is not assured and in extreme cases, law enforcement will be contacted regarding the activity. The Customer will not be credited for the time the hosting service is suspended.
The Customer must ensure all web applications utilised on the hosting service are kept secure, patched and up to date. It is The Customer’s responsibility to install any and all updates/patches to maintain the application’s security. If The Customer does not have the required skill to perform the updates, The Customer may request additional support services from Naked VPS that may be offered to the Customer at additional cost.
Hosting environments and server applications including but not limited to Apache, PHP and MySQL are constantly being updated to maintain stability, performance and security. Keeping web based applications patched and up to date ensures both a secure website and data, and is also essential to maintain compatibility with changes in server applications. It is the responsibility of The Customer to maintain installed web applications to ensure compatibility with the latest stable and supported releases of all server applications.
Each Naked VPS is allocated a certain amount of resources, determined upon signing to the service. It is The Customer’s responsibility to ensure their hosting service does not exceed the resources allocated and to request an upgrade to their service, if it is determined that more resources are required to continue the smooth operation of a hosting service.
Naked VPS takes no responsibility for service downtime or loss of files, including emails, should a hosting service be temporarily suspended due to excessive use resources that have exceeded allocated amounts for the particular hosting service or that is against the terms within Naked VPS Fair Use Policy.
Any use of the hosting service must be in adherence to the Naked VPS Fair Use Policy.
Naked VPS Fair Use Policy specifically prohibits the use of our service for illegal activities. All Naked VPS customers automatically agree that Naked VPS may disclose any and all customer 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 Customer. Naked VPS reserves the right to immediately terminate any hosting service found to be hosting content and performing activities of an illegal nature.
Users are prohibited from violating or attempting to violate the security of the Naked VPS hosting network. Violations of system or network security will result in civil or criminal liability. 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 email or newsgroup posting.
- Taking any action in order to obtain services to which such User is not entitled.
Whilst every effort is made to ensure the information provided on the Naked VPS website and by Naked VPS staff is accurate and free from errors, Naked VPS provides no warranties, either express or implied, including but not limited to the service' fitness for a particular purpose, except where to not offer any such warranties would be deemed unlawful as defined by the Trade Practices Act 1974(Cth).
Limitation of Liability
Naked VPS provides no guarantees that any hosting or additional service provided will be free from errors or interruptions. Naked VPS will not accept liability for any costs or losses incurred by The Customer that result from:
- the use of or inability to use any Naked VPS provided service;
- any errors, mistakes, omissions, interruptions, defects, or delays in operation or delivery;
- unauthorised access to Naked VPS data or services,
- the suspension or termination of services due to breaches of the Naked VPS Fair Use Policy.
- the suspension or termination of services due to obligations under law
By subscribing to a Naked VPS hosting service the customer agrees to indemnify Naked VPS from any and all demands, liabilities, losses, costs and claims, including reasonable legal fees asserted against Naked VPS, that may arise or result from the use of any product or service Naked VPS provides.
Naked VPS reserves the right, at any time and from time to time, to amend or to modify these Terms of Service without prior notice to you, provided that if any such alterations constitute a material change to these Terms of Service, Naked VPS will notify you by posting an announcement on the Website. Amendments and modifications shall take effect immediately when posted on the Website. By continuing to access or use the Services after any such amendments or modifications, you agree to be bound by such amended or modified Terms of Service. For this reason, we encourage you to review the Terms of Service whenever you use the Services. If you do not agree to any change to these Terms of Services, then you must immediately stop using the Services.
Naked VPS withholds the right to deny a service to any person or company should Naked VPS have reasonable doubt that their proposed website for hosting would be detrimental to Naked VPS or the internet.