Terms of Service (The Agreement)

This is Website Contract default for any Customer entering agreement automatically. See notes below.

  1. Introduction
    1. This "Terms of Service" agreement is entered into by and between you (Customer) and V3next Company Inc, IBC (V3next), and is made effective as of the date you made first payment at V3next contract. The agreement is accepted online and the primary and the only version of the agreement is located at this URL: https://v3next.com/terms-tos.
    2. V3next may, in its sole and absolute discretion, change or modify this agreement, and any policies or agreements which are incorporated herein, at any time, and such changes or modifications shall be effective immediately upon posting to this site. Your use of this site or the services after such changes or modifications have been made shall constitute your acceptance of this agreement as last revised. If you do not agree to be bound by this agreement as last revised, do not use (or continue to use) this site or the services.
    3. "VE", "Virtual Environment", "VPS", "VDS", "Virtual Server", "Virtual Private Server", "Virtual Dedicated Server", "Virtual Personal Server" terms are all treated equal and mean the same thing. Term "contract" means active form of this agreement between the Customer and V3next, identified by the customer email.
    4. It is allowed to have multiple contracts per company or person, treated independently, with an exception of AUP violation fee, that can be charged at any contract balance available for the same person or company.
    5. It is required to specify correct Customer legal information, including Country of residence, Full Name, Registration Date, and full Address. This information should be correct as of the date of input and should be kept in sync with any future changes within reasonable business practice time. V3next does have any obligations and does have any negotiations only to/with the person or legal entity displayed in the data provided on registration, or representative if it is allowed by local law.
    6. V3next services are billed based on current price located at this URL: https://v3next.com/prices. Any price changes take effect immediately upon publication without any further notifications. In case of any price change that Customer is disagreeing with, V3next accept claims in 10 days period after the initial (first) service price change. The claim can be agreed on with servicing for the 10 days prior the claim to be done using price before change, but only with agreement termination following.
    7. In case of other language versions of this agreement are considered, English version takes precedence.
    8. This agreement version is 2016110701.
  2. Finance Terms
    1. All V3next services are prepaid. V3next responsibility is to block any further use of V3next services not paid for. Customer does not hold any liability to pay for the service casted while contract balance was negative.
    2. V3next does not allow any legal debt to establish in respect to V3next, and drops any claims to collect any debt displayed at V3next website as a customer balance. During regular contract lifecycle it is impossible to cast any finance obligations in excess of the amount being explicitly prepaid by the Customer. Negative contract balance has only meaning of the amount payment required to resume regular contract operation.
    3. Customer must acknowledge full understanding of the fact that V3next contract balance must be kept positive to allow service consumption, including passive customer data storage. Negative contract balance gives V3next full rights and clearance to instant contract termination.
    4. V3next holds full rights to terminate Customer contract within 3 (three) days when the contract balance reaches negative. Termination includes the deletion of all Customer data, including any data retention vaults (backups, etc.). Customer must acknowledge full understanding of the fact that it is not possible to recover any Customer data after the contract termination.
    5. V3next services pricing is designed in a way to reliably predict costs. V3next does its best to provide reasonable guides on prepayment required for the desired usage timeframe to guard against any possible data loses that come from the event of contract termination.
    6. V3next service policy is designed in conformance with PayPal Buyer Protection, which allows claims within 180 days period within the time of the payment during regular contract operation. In case of additional payment system commissions required to do the partial refund, these commissions are charged at the Customer, plus €10 for any payment processed (not effective for PayPal refunds).
    7. Finance claims, including Money-back claims, are guaranteed to be processed within 3 business days. Estimated time of processing is same or next business day (not guaranteed).
  3. Service Usage Terms
    1. Virtual Environment cannot be used for mining, auto-surfing, auto-clicking and any mass bot-based software like that, and any usage that violates the terms of 3d parties' websites and/or agreements. We also do not allow 100% computation nodes due to hardware nodes performance misbalance caused by such activity. These VPS (Virtual Servers) are automatically detected and run with low CPU and HDD access priority that can lead to inadequate performance, or get blocked without notice.
      Please contact V3next support for comments on pure CPU computation nodes terms and pricing.
    2. SPAM is forbidden in any form, both sending messages of any type using our mail server or just hosting site targeted at spam outbreak. We are sorry to confirm that spam outbreaks resulting from your resource compromising by hackers are also subject to website suspension. It does not matter how exactly your website is related to spam activity.
    3. We do not allow Phishing, Credit Card-stealing, Payment System-credentials stealing, Scam, and further open list of well-known fraudulent activities in both paid and test mode contracts. WE REVOKE our Money-back and Refund Guarantees for contracts that are clearly dedicated to such activity and apply 50 € fee per contract, per event, before refund amount calculations.
    4. It is forbidden to place information that sole purpose is abuse to some person, organization, country, race, law, or any other subject. We will take active position on any abuse report and act according to our sole discretion to enforce proper rights and uses.
    5. Customer must agree with and comply with Acceptable Use Policy document, can be found at htts://www.v3next.com/terms-aup. This document further clarifies chapters 1 to 3 stated above. Should any difference have discovered between Terms of Service and Acceptable Use Policy, strongest constraint applies.
    6. Customer using Microsoft Corporation software must agree with and comply with Cloud Customer Agreement Template terms, can be found at http://go.microsoft.com/fwlink/p/?LinkId=617101 page. This explicitly mean that V3next can claim full access to any VPS within its control to conduct Microsoft Software Licenses Audit Review, that is a common term for Microsoft SPLA contracts.
    7. V3next is allowed to use 3d party services to cast the service sold by V3next. This does not mean or require any additional agreements between the Customer and any 3d party, except terms explicitly required by this agreement.
  4. Privacy Policy
    1. V3next does not disclosure or make public Customers data, contract information, financial terms, except for government laws that apply to the subject.
    2. In no case will the data be sold. Disclosure to third parties only if and to the extent as for contract execution - is necessary and required - for example, to register your domain ordered or to allow execution of payment transactions.
    3. V3next collects and stores only personal data that is necessary for registering and processing of our contractual relationship with you as well as for payment purposes. Data collected include:
      1. Your name, date of birth, your address, your phone number and your email address
      2. The plan ordered by you and the respective components of the contract
      3. The ordered domain(s)
      4. To direct debit your bank account if you have granted us permission to do so
      5. Your connection data in the moment of placing an order, in particular, the IP address
      6. Duration of the access
      7. Amount of data transfers
      8. Type of the teleservice used
      We assure you that your data is used by us only for the purpose of the contract. A transmission takes place only if it is necessary for processing of the contract and for the handling of our services and for payment purposes. This data will not be in any use for purposes of advertising, customer service or market research purposes, unless you have expressly agreed.
    4. V3next automatically collects and stores information that your browser sends to us in its server log files. These are:
      1. Browser type/version
      2. Operating system used
      3. Referrer URL (the previously visited site)
      4. IP address of the accessing computer
      5. Time of server request
      The data is not assigned to particular remote user. A compilation of these data with other data sources is not made. The data is deleted after a statistical evaluation.
    5. Customer agrees to Microsoft Corporation right to monitor and audit Virtual Environments that are under control of Microsoft Corporation operation systems. This includes contract terms to give full access to independent auditors to the content of any virtual server in subject, according to this document: http://go.microsoft.com/fwlink/p/?LinkId=617101.
    6. V3next holds rights to postpone full contract termination and continue passive data retention within 360 days when the contract balance reaches negative. This is done solely for the purpose of the Customer comfort and Customer data safety. This retention timespan is not guaranteed. Customer may request full termination and data wipe actions for privacy reasons.
    7. V3next holds rights to store any customer data required by country laws of the place of the service being casted, for any periods specified by the country and state law.
    8. V3next Website use Browser Cookies and relies on them to provide basic and required functionality. By using the Website you confirm your acknowledgement of this use.
    9. We do not use cookies for any customer tracking, EXCEPT for the terms of tracking Advertising success of Google AdWords and Facebook Ads. Customers with "do not track" browser option are not tracked in any way, including advertising tracking.
    10. This Website is using Google Analytics, a web analytics service provided by Google Inc. ("Google"). Google Analytics uses "cookies" - text files that are stored on your computer and enable an analysis of your use of the Website. The information generated by the cookie about your Website usage (including your anonymized IP address) will be transmitted to a Google server in the USA and stored there. Google use this information to evaluate your use of the Website, compiling reports on Website activity for Website operators and providing Website and internet related services. Google may also transfer this information to third parties unless required by law or where such third parties process the information on Google's behalf. Google will not associate your IP address with any other data held by Google in conjunction. You may refuse the use of cookies by selecting the appropriate settings on your browser. We want to inform you that you may not be able to use all functions of this Website in this case. By using this site, you agree to the processing of data about you by Google in the manner described above and for the aforementioned purpose. You can interact with the collection of data generated by the cookie and processed data by installing a Google browser add-on. The free tool can be found here: http://tools.google.com/dlpage/gaoptout?hl=en. For more information, see http://tools.google.com/dlpage/gaoptout?hl=en or http://www.google.com/intl/de/analytics/privacyoverview.html (general information about Google Analytics and Data Protection).
    11. V3next does not use email Newsletters or equivalents. We only send emails with subjects that have direct relation to Contract operation.
    12. Your Right on Information Storage Inquiries: You can always inquire about stored information regarding your personal data, to demand their origin and destination and the purpose of storage of us. Contact us by email at legal@v3next.com.
  5. Contract Termination & Refunds
    1. V3next can terminate contract without prior notice if we feel that service is used for technical, legal, ethical abuse of any type to third party Internet users, or otherwise in conflict with Terms of Service and/or Acceptable Use Policy. We do it as soon as we confirm this policy violation.
    2. V3next can suspend or terminate contract without prior notice if we are sure that contract technical or network activity disturbs other clients and degrades overall service performance. Virtual Hosting is by design cooperative equipment usage, so we all should respect each other to run servers fine. V3next does it's best to minimize these colocation issues but cannot guarantee against it.
    3. Contract at V3next can be terminated by sole Customer decision at any time. It can be done by either using Control Panel option, or, if Control Panel password is lost, using legal order in any general acceptable form, for example, simple written order (scan allowed) or reasonably authorized Email.
    4. In case of contract termination, V3next returns any prepayment made for future service periods to the day of processing of the cancellation order. V3next returns funds to contract owner only, preferably using payment system refund method (Credit Card refund, PayPal refund). Within some limited Money Back Guarantee period, Customer can also request 100% refund if appropriate according to V3next website pages.
      1. For the PayPal payment method, allowed refund policy is within 180 days from the payment made only. It is important to claim refund within this time range if refund is required. We guarantee PayPal refund within this timeframe, and no other refund methods are allowed within this timeframe for the PayPal Payments.
      2. Payment not claimed back within 180 days from the event of the payment is considered V3next balance payment only and can only be used to consume V3next services.
      3. V3next retains positive contract balance within 360 days from the contract termination event. After this time passes, the positive contract balance cannot be claimed for and the funds are considered as the property of V3next.
  6. Limitation of Liability
    1. V3next does not own any data deployed by Customer or transferred via V3next networks. If you have a website or other content hosted by V3next, you shall retain all of your ownership or licensed rights in User Content. V3next does not hold any liability for the data owned by the Customer and any damage or crime it may cause.
    2. YOU (CUSTOMER) SPECIFICALLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THIS SITE AND THE SERVICES FOUND AT THIS SITE SHALL BE AT YOUR OWN RISK AND THAT THIS SITE AND THE SERVICES FOUND AT THIS SITE ARE PROVIDED "AS IS", "AS AVAILABLE" AND "WITH ALL FAULTS".
    3. IN NO EVENT SHALL V3NEXT, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER.

Notes

Corporate Enrollments and custom Managed Hosting contracts may have different contract terms. Please contact legal@v3next.com for possible negotiations. Corporate agreements are mostly contains post-payment options and define fixed scope of work with exact pricing.

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