Terms of Service
Last updated on May 12th, 2020
Our service is provided on an "as is," "as available" basis without warranties of any kind, either expressed or implied, including but not limited to warranties of title or implied warranties of merchantability or fitness for a particular purpose. No oral advice or written information given by INTERKVM HOST SRL nor its affiliates, nor any of its officers, directors, employees, agents, providers, merchants, sponsors, licensers, or the like, shall create a warranty; nor shall you rely on any such information or advice. Under no circumstances shall INTERKVM HOST SRL or any other party involved in creating, producing, or distributing INTERKVM HOST SRL be liable for any direct, indirect, incidental, special, or consequential damages that result from the use of or inability to use our service, including but not limited to reliance by you on any information obtained from INTERKVM HOST SRL or that result from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction, or unauthorized access to INTERKVM HOST SRL's records, programs, or services. You hereby acknowledge that this paragraph shall apply to all content, merchandise, and services available through INTERKVM HOST SRL. Due to the fact that some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states liability is limited to the fullest extent permitted by law. Information on this web site may contain technical inaccuracies or typographical errors. Information may be changed or updated without notice. INTERKVM HOST SRL may also make improvements and/or changes in the products and/or the programs described in this information at any time without notice. INTERKVM HOST SRL does not want to receive confidential or proprietary information from you through our web site or e-mail addresses. Please note that any information or material sent to INTERKVM HOST SRL or any of its related sites, services, or e-mail addresses will be deemed NOT to be confidential. By sending INTERKVM HOST SRL any information or material, you grant INTERKVM HOST SRL an unrestricted, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute those materials or information, and you also agree that INTERKVM HOST SRL is free to use any ideas, concepts, know-how or techniques that you send us for any purpose. INTERKVM HOST SRL makes no representations whatsoever about any other web site which you may access through this one. When you access a non-INTERKVM HOST SRL web site, please understand that it is independent from INTERKVM HOST SRL, and that INTERKVM HOST SRL has no control over the content on that web site. In addition, a link to a non-INTERKVM HOST SRL web site does not mean that INTERKVM HOST SRL endorse or warrants in any way whatsoever or accepts any responsibility for the content, or the use, of such web site. It is up to you to take precautions to ensure that whatever you select for your use is free of such items as viruses, worms, trojan horses and other items of a destructive nature. By using a hyperlink on the INTERKVM HOST SRL web site you agree to accept full responsibility for use of the hyperlink.
Limitation of liability
Under no circumstances whatsoever shall INTERKVM HOST SRL be liable for any loss of data, lost profits or any damages including, without limitation, any indirect, special, incidental, consequential or other damages that result from the use of, or inability to use, the materials in this site or services, even if INTERKVM HOST SRL or a INTERKVM HOST SRL authorized representative has been advised of the possibility of such damages. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. Notwithstanding the foregoing, in no event shall INTERKVM HOST SRL's total liability to you for all damages, losses, and causes of action (whether in contract, tort (including, but not limited to, negligence) or otherwise) exceed the amount paid by you, if any, for accessing this site or any of its products or services. By using our services you agree to hold INTERKVM HOST SRL harmless in all capacities to the fullest extent allowable by law.
CONTENT PROPRIETARY RIGHTS
You("User") acknowlege that INTERKVM HOST SRL contains information, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds, and other material (collectively "Content") that are protected by copyrights, trademarks, trade secrets, or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All Content is copyrighted as a collective work under the U.S. copyright laws, and INTERKVM HOST SRL owns a copyright in the selection, coordination, arrangement, and enhancement of such Content. User may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Content, in whole or in part. If no specific restrictions are displayed, User may make copies of select portions of the Content, provided that the copies are made only for User's personal use and that User maintains any notices contained in the Content, such as all copyright notices, trademark legends, or other proprietary rights notices. Except as provided in the preceding sentence or as permitted by the fair use privilege under the US copyright laws (see e.g. 17 U.S.C. Section 107), User may not upload, post, reproduce, or distribute in any way Content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other propriety right. In addition to the foregoing, use of any software Content shall be governed by the software license agreement accompanying such software.
THIRD PARTY CONTENT
INTERKVM HOST SRL has no editorial control over third party content. Any opinions, advice, statements, services, offers, or other information that constitutes part of content expressed or made available by third parties, including providers, merchants, sponsors, licensers, or any other user of INTERKVM HOST SRL, are those of the respective authors or distributors and not of INTERKVM HOST SRL or its affiliates or any of its officers, directors, employees, or agents. Neither INTERKVM HOST SRL nor its affiliates, nor any of its officers, directors, employees, or agents, nor any third party, including any provider, merchant, sponsor, licenser, or any other user of INTERKVM HOST SRL, guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose. In many instances, the content available through INTERKVM HOST SRL represents the opinions and judgments of the respective provider, merchant, sponsor, licenser, or user not under contract with INTERKVM HOST SRL. INTERKVM HOST SRL neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, or statement made on INTERKVM HOST SRL by anyone other than authorized INTERKVM HOST SRL employees. Under no circumstances shall INTERKVM HOST SRL, or its affiliates, or any of its officers, directors, employees, or agents be liable for any loss or damage caused by a user's reliance on information obtained through INTERKVM HOST SRL. It is the responsibility of user to evaluate the information, opinion, advice, or other content available through INTERKVM HOST SRL.
DISTRIBUTION OF THIRD PARTY CONTENT
Except as set forth in CONTENT PROPRIETARY RIGHTS above, you may upload to or otherwise distribute on INTERKVM HOST SRL only Content that is not subject to any copyright or other proprietary rights protection (collectively, "Public Content"), or Content in which the author has given express authorization for distribution on the World Wide Web. Any copyrighted or other proprietary Content distributed with the consent of a copyright owner should contain a phrase such as "Copyright, owned by [name of owner]; used by permission." The unauthorized submission or distribution of copyrighted or other proprietary Content is illegal and could subject the you to criminal prosecution as well as personal liability for damages in a civil suit. You, not INTERKVM HOST SRL, nor its affiliates, nor any of its officers, directors, employees, agents, Merchants, Providers, Sponsors, Licensers, or the like, will be liable for any damage resulting from any infringement of copyrights or proprietary rights, or from any other harm arising from such submission. By submitting Content to any User-submit areas, User automatically grants, or warrants that the owner of such Content has expressly granted INTERKVM HOST SRL the royalty-free, perpetual, irrevocable, nonexclusive right and license to use, reproduce, publish, translate, sublicense, copy, and distribute the Content in whole or in part worldwide and/or to incorporate it in other works in any form, media, or technology now known or hereafter developed for the full term of any copyright that may exist in such Content. User also permits any other User to access, store, or reproduce the Content for that User's personal use. Subject to this grant, the owner of Content placed on INTERKVM HOST SRL retains any and all rights which may exist in such Content.
INTERKVM HOST SRL's rights include but are not limited to the below paragraphs. INTERKVM HOST SRL may elect to monitor any areas of the site or any of its services and may disclose any content, records, or electronic communication of any kind to satisfy any law, regulation, or government request or if such disclosure is necessary or appropriate to operate INTERKVM HOST SRL or to protect the rights or property of INTERKVM HOST SRL, its visitors, sponsors, providers, licensers, or merchants. INTERKVM HOST SRL is not responsible in any way whatsoever for screening, policing, editing, or monitoring such content. If notified of allegedly infringing, defamatory, damaging, illegal, or offensive content, INTERKVM HOST SRL may investigate the allegation and determine in its sole discretion whether to remove or request the removal of such content from INTERKVM HOST SRL. INTERKVM HOST SRL reserves the right to prohibit conduct, communication, or content that it deems in its sole discretion to be harmful to individual users, INTERKVM HOST SRL, or any rights of INTERKVM HOST SRL or any third party, or to violate any applicable law. Notwithstanding the foregoing, neither INTERKVM HOST SRL nor its providers, merchants, sponsors, or licensers can ensure prompt editing or removal of questionable content after online posting. Accordingly, neither INTERKVM HOST SRL, nor its affiliates, nor any of its officers, directors, employees, or agents, nor provider, merchant, sponsor, or licenser shall assume liability for any action or inaction with respect to conduct communication, or content on INTERKVM HOST SRL.
Any payment dispute, claim or chargeback will result in terminating any active service with us. Personal details about the client (IP logs, server logs, dedicated server(s) logs and others) can be used as prooves in the dispute case.
Minimum contract period is 1 month. We work on a prepaid model. An immediate cancellation request before the end of the billing period doesn't give any refund right for the client. Any unused period after the cancellation will be lost when the client cancel his service with us.
User shall not include content, or internet links to content on the Site that contain, promote or involve any of the following: hate propaganda, racist, threatening, or otherwise abusive content; child pornography; the promotion or incitement of, or instruction for, the commission of illegal activities; mail fraud, multi-level marketing (pyramid) schemes or any other fraudulent activities; content promoted through the sending of unsolicited e-mail (also known as spamming); sending of unsolicited e-mail (spam) from the INTERKVM HOST SRL server, or any other server that refers to content on the INTERKVM HOST SRL server, or sending such e-mail with a INTERKVM HOST SRL hosted Web site listed as the contact address; spam software & their associated utilities; information or other material that contains a virus, corrupted data or any other harmful or damaging component; we don't allow DDoS originating scripts on our servers, we don't allow sending DoS/DDoS attacks for any purpose and we will terminate any server(s) sending any type of flood attacks, we don't allow port scanning of any form or other pen-testing procedures. Clients violating this TOS will have the dedicated server(s) terminated with no right of full or partial refund. Idem. User agrees that INTERKVM HOST SRL is not responsible for content on pages hosted on member sites and acknowledges that INTERKVM HOST SRL does not endorse or verify any such material. Idem. User agrees to assume full responsibility for all files associated with the website or hosted on servers rented from us and acknowledges that User may be held legally for the contents. User is solely responsible for creating backups of any files hosted on servers rented from us and for monitoring the servers. INTERKVM HOST SRL cannot be held responsible for any data loss. Policies and Guidelines. User agrees to abide by all policies or guidelines, together with any amendments thereto, set out, from time to time, by INTERKVM HOST SRL anywhere on the site INTERKVM HOST SRL
Internet connection usage
Cloud Servers connections to Internet are limited to 10Gbps. The connection speed of our virtual servers is not guaranteed. The 10Gbps connection is shared between all VPS hosted on same virtualization node (no more than 20 VPS per host node). We do not charge for bandwidth usage, we don't charge for generated traffic and have no restrictions, however we use an automated connection monitoring system which is suspending any virtual server generating malitious traffic (DoS/DDoS). Our system may automatically shutdown any server which is detected to be sending malitious traffic (DDoS attacks, SPAM or other forbidden content described in this document).
Dedicated servers are connected with one or multiple 10Gbps port(s) to Internet. Each dedicated server plan has a minimum guaranteed bandwidth which can be 5Gbps, 10Gbps, 20Gbps or more. Short bursts over the minimum guaranteed bandwidth are allowed. If the bandwidth usage is exceeding the guaranteed bandwidth repeatedly and/or for longer periods of time, our agents will contact you in order to upgrade the bandwidth to the next available package. Failing to agree on the upgrade may result in server suspension. The upgrade will take effect from the day of the agreement. The customer will not be charged for the past bandwidth over usage.
Due to the nature of the hosting business, any payment sent to us is non-refundable as permited by law. This includes, but is not limited to account credits purchased in advance, gateway fees, etc.
If the user pay the invoice after the due date, we will apply a 10% late fee to the invoice. Also the client's dedicated server(s) will be suspended automatically 1 day after the due date. If the user pay the invoice after the dedicated server(s) is suspended, including the late fee, the dedicated server(s) will be reactivated and will be active for the period remaining until the next due date (the due date wont change). If the invoice is not paid in the 7th day after the due date, the client's dedicated server(s) will be terminated and all data deleted. If the invoice is paid after the dedicated server(s) termination, a new dedicated server(s) will be activated, being active for the remaining period (the due date wont change). If you overpay an invoice, the difference will be hold and automatically applied to future invoices. If you can't pay your invoice in time, please contact our billing staff, before the due date to avoid late fees and service suspension. Our billing staff could postpone your payment depending on your account history and other internal risk scores. The billing staff reserves the right to approve this or not.
We offer 10% bonus from any payment sent by a reffered client trough the affiliate link provided in the client area. The amount is applied directly to the reffering user as bonus. The bonus can be withdrawn to the credit balance if greater or equal to $5 and client has at last 1 active service.
This agreement shall be governed by and construed in accordance with the laws of the United States without regard to choice of law rules. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between the parties relating to the subject matter herein and shall not be modified except in writing, signed by both parties.
TERMINATION OF THIS AGREEMENT
This agreement is effective until terminated by either party. You may terminate this agreement at any time, by logging in to your account at INTERKVM HOST SRL, and click the "Cancel Account" icon located in your control panel. INTERKVM HOST SRL shall have the right to immediately terminate this Agreement with respect to any user which INTERKVM HOST SRL, in its sole discretion, considers to be unacceptable, or in the event of any breach by you of this Agreement. INTERKVM HOST SRL may terminate or modify this agreement at any time and without notice to you. Upon termination, you must destroy all materials received from INTERKVM HOST SRL. In addition, by providing material on our web site, we do not in any way promise that the materials will remain available to you. INTERKVM HOST SRL is entitled to terminate all or part of any of its site or services at any time, without notice to you.
This Agreement represents the entire understanding between you and INTERKVM HOST SRL regarding your relationship with INTERKVM HOST SRL and supersedes any prior statements or representations. You signify your assent to be bound by this agreement by using the INTERKVM HOST SRL web site.