Virtual Servers

What is VPS?

VPS is a term used to denote Virtual Private Server. It is a virtual server that is provided by hosting companies to their clients. Although the hosting company does not have a different virtual server for its every user, rather a VPS is a machine having several different units and each user is assigned with a unit. So if a hosting company has 200 thousand customers and it has to offer all of them VPS, it does not mean that the hosting company has 20 thousand individual private servers rather it will create “virtual” servers for its every customer.
A VPS can be used like a personal computer. Users can install server operating systems on their virtual machines. For instance, there are windows vps, Linux VPS etc. Thus a Windows VPS will have a Windows as its operating system and so on. Users can install and uninstall applications on to their servers based on their individual needs. No two servers share a common user; this makes these virtual servers extremely personalized and customizable.
Uses of VPS

Today VPS is used in almost every field. The concept of physical local servers is diminishing. People and companies now prefer to have virtual private servers instead of locally owned servers which are too expensive to maintain.
There are several uses of VPS. Virtual servers are used in every industry ranging from web hosting to forex to gaming and many others. Forex VPS, game VPS, IRC servers are a few names that are very famous and we listen them almost every day.
All in all, virtual private servers are used everywhere.

Various benefits of VPS
Local servers are no longer used. Businesses and individuals are switching to VPS (Virtual Private Server). The basic reason of this major shift is the benefits that a VPS carries. There are many benefits and features that one enjoys by simply converting local server into a virtual server. Let’s see a few major benefits of VPS.
1- A virtual private server is very cheap as compared to local physical server. If you have a physical server, you will have to spend a lot on its maintenance and other stuff. You need a computer, a server specialist (programmer), constant power supply, a backup plan and backup computer and of course someone to manage it. Whereas a virtual server does not need any of these things.
2- Managing a VPS is very easy. You can use it in the same way as you use your personal computer. Your virtual server has an operating system usually Windows. So if you are using a Windows VPS, you can use it just like you use your own desktop computer. No problems or issues whatsoever.
3- Once you have your VPS, you can use it in any way you like. You can install programs, applications and almost anything on it. This means you only need a single VPS even if you need to use several different applications on it. A single VPS will act as your Forex VPS, your game server, your backup machine etc.
4- You can access your virtual server from any internet enabled computer. It does not matter at all where you are. All you need is a proper internet connection to access your VPS.

Why you need a virtual private server?

Today we see that all web hosting companies offer Windows VPS or Linux VPS to their clients. This is primarily due to the fact that virtual private servers (VPS) carry a lot of features, services and benefits that shared hosting lacks. I mean what is better than having your own virtual server where you can install, delete and uninstall any kind of application or software as and when you need. You do not have to share anything with anyone else. The benefits of VPS are numerous and it is strongly recommended to go for a VPS if you are looking for top hosting services.

We’d like to take this opportunity to welcome you to Cloudarion. You have found your way to one of the top rated providers of XEN Windows Vps and Xen Linux VPS Hosting. By utilizing all of the newest developments in hardware and a highly comprehensive network, our VPS services can take your business or website to the next level!

Getting Started!
At Cloudarion, we want everything to be simple and direct, and getting started with your Xen VPS hosting is no exception. It’s as simple as choosing the package that’s best for you, and signing up for an account right here on the site. We charge no setup fee, and our professional team of support gurus are available any time to aid in the installation or configuration of any web service you may need, to get the most out of your Xen VPS hosting package.
At Cloudarion, if you have the content to back it up, we hold the key to digital success. It’s yours for the taking.

Data Center Russia

Данные о дата центре.

Размещение оборудования производится на в ДЦ «Курчатовский институт» (зал в здании узла MSK–X в КИ).
Дата-центр соответствует современным требованиям по обеспечению надежности и качества предоставления услуг связи. Суммарная емкость “транспорта” каналов до 40 Gb/s, пропускной способности услуги Интернет до 10 Gb/s. Наличие резервных каналов. Прямые подключения на MSK-IX и MSK-X. Энергообеспечение соответствует 1-й категории. Размещено более 700 серверов. Среди клиентов услуг дата-центра компании “ROLF”, “Первый канал. Зарубежное вещание”, “Greenmama”, “Лэтуаль”, “Дирол Кэдбери” и мн. др.

Россия, Москва – Центр обработки данных с неограниченным трафиком,

Russia Network

Тест IP: 93.95.100.190

Speed test Russia – 100MB Test File

Benefits of VPS hosting

VPS hosting has several benefits whether it be Windows VPS or Linux VPS. Let’s see a few major and most important benefits of virtual private server hosting services.

a. VPS hosting is very cheap. The hosting company provides its users with a virtual server and it does not cost too much to the company. In fact, they can easily arrange several units in a single system.

b. VPS hosting is very secure. There are no threats of security breach. No two users use a single server. Every user has its own private separate virtual server.

c. Users can customize their server by adding and removing applications. Server can be accessed easily remotely, and using it is even simpler.

What will you choose: VPS or Shared Hosting

Before you can choose between a VPS hosting and a shared host, you must know what is the basic difference between the two. VPS (Windows VPS or Linux VPS) is virtual private server where users get a virtual server that they can use in any way they like. You can personalize it, install programs, delete programs and do whatever you want without affecting any other customer. You own your virtual server. Shared hosting is a bit complicated and it involves multiple users. You cannot customize anything because you share server with other users. Shared hosting is not too secure. You cannot install or remove any program.

There has been a lot of debate on the internet about the differences between VPS and shared hosting. VPS, whether it be Windows VPS or Linux VPS or any other has clearly a lot of benefits as compared to shared hosting.
Users prefer to have VPS since it is more flexible, easy to use and is more secure than shared hosting. The best thing about VPS is that it carries an operating system, and thus users can easily manage to add and remove any programs they want. They can personalize their virtual private server quite easily. On the other hand, shared hosting does not carry all these features.

Best Cheap VPS Server for your resource

If you are working within the hosting or want to have on for your web site or as the server for your private needs, the VPS server would give you a lot of the benefits over the regular servers. Try and use those functions that are given in here. Best Cheap VPS Server is the nice tool for the setting up your web site and for your work. Gave yourself a chance to try the work of the virtual server. It would work on the level of the physical one and would not be affected with the users, sharing the physical resources with you. Try these VPS one and see how easy it is now to perform different, most complex operation with the data bases. Fast access to them and reliable usage would give you a lot of the advantages. Here we would show you up those moments that we are advising you to try.

Within the main advantages off the all VPS you can find the ability of the, to be consolidated. If you set few of those operational systems and want to try different distributive, or already set on these VPS a lot of the software you can consolidate all of those servers into single one. You would a bale to access them in the most efficient way and that would definitely grant you a nice thing during the server operation. It is really important that the server will be using the resource that does not correspond to other user. If one of them would need a lot of the serve resources, in the conventional physical server you would have lags and a lot of the problems, for your own users. In such VPS system the server is distributing the resources equally and if one exceeds the limits it does not takes the resources of the aside systems.

One thing that corresponds to the reliable servers is its supported technologies. If there are bunch of those and you can choose within those one’s, you would be able to perform many different manipulations. You would be able to use the widest circle of the actions with your hosting. Hosting and server are both really important things, interconnected between themselves. You have to get both options matching and you will have the fastest performance and the greater processor time distribution. If you are really thinking about the safety of the VPS Server,that will be granted in the ice way in our Best Cheap VPS Server. Here there is no interconnection between the servers. If one of them got a conflict, there is no access to others. In this way it is fully reliable to use such a system. On such a servers you would be bale to get installed a lot of the different distributives and they would not be messing each other.

Another important matter, of the Best Cheap VPS Server, is the price that is given for a server. Such servers are a lot cheaper that regular physical ones and are not worst that mentioned ones. Mention that such prices are giving here in the best way, with the great number of the parameters supported by the VPS. You would be able to get as much of the functions as needed for the best work over the hosting. Give yourself a nice tool in assembling your data bases and setting up your resource. Use your resources and manage them in the best way. Efficient work of your resource would be defined with the many important factors and one of them is the correspondent operational system and the server used for the hosting..

Contact Us

Here at ThemeVPS we are dedicated to serving the needs of our customers and potential clients. We are here to assist you with all of your eBusiness and hosting needs. As your business grows, we can continue to offer you the level of service that you require. If you have any inquiries or concerns regarding our company or the services we offer, or if you would like to receive a quoteregarding our services, please contact us at your convenience.

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Mailing Address
ThemeVPS Pty Ltd
19 Carbeen Av, St Ives
NSW, 2075, Australia
Telephones:
+1 3057777833 USA
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Terms and Conditions

1. Term and Payment for Services
2. Use of Services
3. Enforcement
4. Intellectual Property Rights
5. Warranty; Warranty Disclaimer
6. Limitation and Exclusion of Liability
7. Indemnification
8. Miscellaneous

ThemeVPS. (“ThemeVPS”) is a premium provider of comprehensive hosting solutions. This Agreement for Services (“Agreement”) shall govern any and all purchases or usages of any services provided by ThemeVPS or any agents or affiliates acting on behalf of ThemeVPS (” Services”).
You are not authorized to use any of the Services unless you accept and abide by the terms set forth in this Agreement.
NOTWITHSTANDING, BY YOUR USE OF ANY OF THE SERVICES, YOU ARE ACKNOWLEDGING THAT YOU HAVE BOTH READ AND UNDERSTOOD THE TERMS SET FORTH IN THIS AGREEMENT AND ARE THEREBY AGREEING THAT YOU SHALL BE BOUND BY ANY AND ALL TERMS AND CONDITIONS SET FORTH HEREIN IN ADDITION TO ANY ACCEPTABLE USE REGULATIONS OR POLICIES THAT ARE REFERENCED HEREIN.
The terms and conditions set forth in this Agreement may be modified, amended or changed at the discretion of ThemeVPS. ThemeVPS also reserves the right to modify, change or amend any guidelines or policies that are incorporated by reference; and to determine whether they shall apply to current customers, future customers or both. New modifications, amendments and changed go into effect once they are posted on the ThemeVPS Web site. (the “Site). If you continue to use any Services provided by ThemeVPS or any affiliate working on behalf of ThemeVPS, such usage shall be constituted as acceptance of any changes or modifications that have been made.

1. Term and Payment for Services
1.1 Term: This Agreement shall last for a duration labeled as the “Initial Term,” to be indicated by your choices on the Order Form that you must fill out on this Site at the point in time at which you register to utilize any of our Services. “Initial” shall be defined as the moment when the user has paid the fee and used the services. Unless you provide ThemeVPS with definitive notice that you wish to terminate services no more than five (5) days prior to the end date of your Initial Term, this Agreement shall be renewed automatically (this is the “Renewal Term) once the Initial Term ends for the period of time that was selected for the Initial Term.
To provide notice to ThemeVPS that you wish to terminate services at the end of your Initial term, you must click the “Cancel Service” button that you can find on the Site or take action as otherwise described within this Agreement. Once you click “Cancel Service,” you will be required to provide information to ThemeVPS for customer identification purposes thereby enabling ThemeVPS to locate your account and identify you as the account holder.
Notification of termination goes into effect five (5) days after ThemeVPS has received the request to terminate services. After a client has paid for the services they are entitled to use the services they have purchased. ThemeVPS Network will deliver the services purchased as set forth in the contract governing the Initial Term.

1.2. Termination Policy: It is at the discretion of ThemeVPS to cancel service of any customer or client at any point in time. If you wish to initiate a termination action, you must provide notification to ThemeVPS as set forth in Section 1.1. It is also at the discretion of ThemeVPS to choose to terminate this Agreement at any point in time for any reason they wish once they have provided you with written notice no less than five (5) days prior to the date when the service will be terminated.

1:3 Default and Cure: Should either party on either end of this Agreement default in performance of any obligations or duties that pertain to this Agreement (including any failure to make payments that are due under this Agreement), in the event that the default is not cured within a five (5) day time period after the party that is not in default has notified the defaulting party to inform them of the default, then whichever party is not in default, after providing the defaulting party with notice, shall be entitled to terminate this Agreement.

1:4 Charges: By entering into this Agreement with ThemeVPS you are agreeing that you will pay all of the charges that are attributable to you utilizing any Services, and that payments shall be at whatever the current rates and prices that ThemeVPS is charging for services, exclusive of any taxes that may apply. You are also responsible to pay any local, state and/or federal taxes assed for excise, value added, duty, use and any and all other taxes that are in any way associated with the Services, with the exception of taxes that are associated with ThemeVPS’s net income.

1.5. Payment: No account shall be activated until payment is received. Payments are due every thirty (30) days after the first date of payment. Customers will receive notification of the next payment due ten (1) days in advance of the due date via email. Should a customer fail to pay, the account shall be terminated. The account may be reactivated but will incur a $5.00 reactivation fee. All payments must arrive at the designated time and there will be no exceptions to the rule. Charges for any Services must always be paid for in advance and at the prices that are then current and application to the specific Services. By entering into this Agreement you are agreeing that you will pay via a credit card or debit card, or that you will pay an invoice with another form of payment. Should you elect to pay via a credit card or debit card at the point of registration for Services, you are authorizing ThemeVPS to charge that credit card or debit card on all payment dates to compensate for any charges that apply to the account in question. If you make any changes to the card that is associated with your account (including but not limited to any account number changes, account cancellations or the expiration of the card or the account associated with it), to your billing address, or to any other type of information that results in ThemeVPS being unable to or prohibited from charging your account, you must notify ThemeVPS before your next payment date and must submit an alternative form of payment on your next payment date. Should you elect to receive invoices, ArionVPA will send you an invoice for Services that apply to any time period that you have registered to utilize the Services. You are also agreeing that you will pay ThemeVPS the amount that appears on every invoice by the date that appears on the invoice. Should you fail to pay the full amount and any taxes that apply by the due date, you will both you will receive late charges and have your account terminated.

1.6. Refund Policy
Refund Policy: Each ThemeVPS customer has the right to a fourteen (14) day “trial version” of our package. During this fourteen (14) day time period, the customer shall have the right to request a full refund or cancel the services if they are not entirely satisfied with said services. After the fourteen (14) day time period has passed, the customer shall not be entitled to receive any type of refund, and in addition they shall be billed for services on all payment dates thereafter until they have provided ThemeVPS with notice that they intend to cancel services as set forth in 1:2 and in other sections of this Agreement. This refund policy shall only apply to hosting Services provided by ThemeVPS. ThemeVPS reserves the right to approve or decline such requests, on a case by case basis. Services that have been suspended or terminated for any reason are not eligible for refunds. In any case, refunds are provided at the sole discretion of ThemeVPS management.

2. Use of Services
2.1. Applicable Use Policy: The following is the Acceptable Use Policy (“Use Policy) that shall govern any and all Services provided by ThemeVPS. The Use Policy is posted at the ThemeVPS Website and/or any other locations designated by ThemeVPS) and this Use Policy may be updated at the discretion of ThemeVPS.
BE SURE TO READ AND UNDERSTAND THE USE POLICY. IF YOU USE ANY SERVICES PROVIDED BY ThemeVPS YOU ARE AGREEING THAT YOU SHALL BE BOUND BY AND ACT IN ACCORDANCE OF THE TERMS SET FORTH WITHIN THE USE POLICY AND BY ANY SUBSEQUENT MODIFICATIONS. FURTHERMORE, ThemeVPS SHALL RESERVE THE RIGHT TO CANCEL OR TERMINATE YOUR ACCOUNT IN RESPONSE TO ANY ACTION, INACTION OR ANYTHING ELSE THAT IS IN VIOLATION OF THIS AGREEMENT OR THE USE POLICY.

2:2 Material and Product Requirements: Unless the matter has been addressed in a separate agreement made with ThemeVPS, all data or material that you place onto ThemeVPS’s equipment or system must be in “server-ready” condition, which means that it must be in a form that does not require any additional manipulation or modification by ThemeVPS. ThemeVPS will not make efforts to validate any of the information that you provide for correctness, usability or content. ThemeVPS reserves the right of rejecting any material that is not “server-ready.” Should this occur to you, you will receive notification of ThemeVPS’s refusal to accept the material and you will be provided with an opportunity to modify or amend any rejected material so that it satisfies the requirements and the needs of ThemeVPS. Use of any Services covered by this agreement requires an exact level of 6g in reference to the use of Internet protocols, software and Internet languages. The necessary knowledge level will vary in relation to the use that is anticipated and the content that you wish to be contained within your Web site. The responsibility to possess the knowledge needed to develop, create and maintain your website is yours alone. ThemeVPS is in no way responsible for providing you with the necessary knowledge or for providing you any form of customer support that is not described within the materials for the Services that you and ThemeVPS are agreeing upon.

2.3. Bandwidth and Storage Usage: You are also agreeing that your use of any Services that this Agreement pertains to shall never exceed the bandwidth limits and storage usage limits that pertain to said Services. Should your bandwidth use or storage space use exceed the number of megabytes per month that is set forth in the terms of your agreement, you are hereby agreeing that you will pay any additional charges that are associated with you exceeding the set limits.

2.4. Content: Each and every Service that is provided by ThemeVPS is intended only for uses and purposes that are in accordance with the laws of the United States Federal, Local and State laws and are to be used only for lawful purposes. All transmission, presentation and storage of any material, data or information in any manner that violates any United States Federal, Local or State law is hereby prohibited; including but not limited to: threatening material, obscene material, copyrighted material, material that may in anyway jeopardize national security, material that is protected via trade secret laws or material that is prohibited or protected by any other law. By entering into any agreement with ThemeVPS each and every subscriber is agreeing to indemnify ThemeVPS and to hold them harmless in regards to any claim that is in any way connected to that subscriber’s usage of any services provided by ThemeVPS or by any affiliate acting on behalf of ThemeVPS and from any action by a ThemeVPS subscriber that results in damage to the subscriber and/or any other party or subscriber.
The following is a list of some types of content and links that are hereby prohibited:
• Pirated Software
• IRC & any Software Related to IRC
•Nulled Script Sites, Warez Sites and Warez Linking
• Hacking Programs, Hacking Sites and/or Hacking Archives
• Any Distributions of Any Type of File, Including Music or Movie Files For Which the Account Holder Does Not Hold a Copyright.
(This list is in no way an exhaustive list, and ThemeVPS reserves the right to prohibit any material that they choose to prohibit for any reason).

3. Enforcement
3.1. Investigation of Violations: Should ThemeVPS suspect a violation or receive a report of a violation, it may investigate the alleged violation of this Agreement and the policies set forth herein and shall take action as is appropriate and reasonable in regards to the specific circumstances in order to provide protection to its customers, facilities, systems and any associated third parties. ThemeVPS agrees that they will never review, access or read the contents of any email or any other form of electronic communication for any purpose or in any manner that is not required or permitted in regards to an applicable legal process or law.

3:2 Actions: ThemeVPS hereby reserves the absolute right to remove or restrict any content from its servers if it is in violation of this Agreement, if it is in violation of any policies or guidelines that are related to this Agreement, if it is questionable or objectionable, if it infringes on the rights of any third party and/or if it is a potential violation of any law. If we learn of any possible violation of this Agreement or the guidelines or policies that are related to this agreement, ThemeVPS reserves the right to take corrective action immediately, including but in no way limited to: (2) the issuance of a warning, (b) termination of Services or suspension of Services, (c) the restriction of or prohibition of any content or use that is hosted via any ThemeVPS system, and/or (d) removing or disabling any text links or hypertext links that direct users to the Web sites of third parties, removing or disabling any content not supplied by ThemeVPS, and removing or disabling any content that you distribute or make available for distribution by way of ThemeVPS Services, if ThemeVPS decides that they are potential legal violations or that they potentially infringe any rights of a third party or any law in a way that may expose ThemeVPS to any type of civil liability, criminal liability or public ridicule. ThemeVPS also reserves the right of terminating any customers who are repeatedly infringing; and shall be permitted to take any corrective action they deem necessary, but ThemeVPS is not obligated in any way to monitor your websites or to exert any form of editorial control over any and all information that you make available to be distributed via the Services described within this Agreement and any other agreement you make with ThemeVPS. Should ThemeVPS elect to take corrective action in response to any potential violation, ThemeVPS is in no way obligated to provide you with a refund for any fees that you have paid to ThemeVPS prior to the corrective action.

3:3: Disclosure Rights: ThemeVPS reserves the right to access and/or disclose and all information that it should deem appropriate or necessary in compliance with any law that is applicable and in accordance with any lawful request from a governmental entity, for the protection of other ThemeVPS customers and/or systems, and to maintain the integrity and any and all operations concerns related in any way to ThemeVPS’s business and ThemeVPS systems. This includes (but is not limited to) all user profiles and user information (names, contact information, email addresses, etc.), usage history, IP addresses, traffic information and all content that shall ever reside on any of ThemeVPS’s systems or servers. ThemeVPS shall furthermore reserve the right of reporting any activities that it believes may be in violation of regulation or law to the proper law enforcement agencies, individuals and/or officials or whatever other third parties it deems appropriate.

4. Intellectual Property Rights
4.1. Your License Grant to ThemeVPS: By entering into this Agreement you are granting ThemeVPS non-exclusive, royalty-free, worldwide license for the time period set forth in the Initial Term and also in any Renewal Term that should come thereafter to use your content in any way that is necessary in order to render and operate the Services that you are entitled to receive in accordance with this Agreement. In addition, you are expressly: (a) granting a license to ThemeVPS that allows ThemeVPS to cache any materials that are to be distributed or that are provided to ThemeVPS for distribution in relation to the Services, (this also pertains to any content that has been supplied to ThemeVPS via third parties); (b) agree that any caching is in no way an infringement of the intellectual property rights of any third party or any intellectual property rights that you yourself hold personally or that your business holds.

4.2. ThemeVPS Materials and Intellectual Property: Any materials, computer software (whether in source code form or in object code), information and/or data that is provided to the customer via ThemeVPS or any agent or supplier in accordance with this Agreement, as well as any knowledge, know-how, equipment, processes, methodologies and techniques that ThemeVPS uses to provide Services to you, will now and always remain the exclusive property of ThemeVPS or ThemeVPS’s agents or suppliers; and this applies with no limits to every associated trademark, patent, copyright, trade secret and any other type of proprietary right including but not limited to any products, software programs, technological innovations and/or any methods that are used, disclosed, developed or created during the term of this Agreement.
This agreement expressly forbids any type of unauthorized reverse engineering, unauthorized copying, decompiling and/or the creation of anything that could be construed to be a derivative work that has been based on any of the above elements and items that are described in 4:2, with the exception of anything that is specifically permitted within this Agreement. If you violate any copyright, patent right, trade secret right, or any other right and thus fail to abide by the terms set forth in this Agreement, you can be held legally responsible.

4.3. Trademarks: By entering into this Agreement you are hereby granting ThemeVPS the limited right of using any trademarks if ThemeVPS is required to do so in order to successfully fulfill its duties related to this Agreement. This is in no way to be regarded as a trademark license, and ThemeVPS does not claim any additional rights that are related to the trademarks that this Agreement pertains to. The rights granted via this Agreement include no sublicenses and no right to use your trademark in any manner that is outside the scope of Services that ThemeVPS is providing in relation to this Agreement. Upon termination of this Agreement, any limited trademark rights that are granted in this section of the Agreement are also terminated.

5. Warranty Disclaimer
5.1. Customer and/or Third Party Acts: ThemeVPS is in no way responsible for any nonconforming Services that are in any way caused by you, your representatives or your customers. Additionally, ThemeVPS is in no way responsible for any loss of data or corruption of any data during transmission, or for any failures to receive or sent data that are related to any events that are beyond the reasonable and foreseeable control of ThemeVPS.

5.2. No Express or Implied Warranty:
EVERY SYSTEM, SERVICE, PRODUCT OR ANYTHING ELSE THAT ThemeVPS PROVIDES IN RELATION TO THIS AGREEMENT SHALL BE PROVIDED WITHOUT THE ADDITION OF ANY EXPRESS OR IMPLIED WARRANTY LAW OR FACT. YOU ARE ALSO KNOWLEDGING AND AGREEING TO THE FACT THAT ThemeVPS IS IN NO WAY RESPONSIBLE FOR ANY OF THE CONTENT OR INFORMATION THAT PASSES THROUGH ANY of ThemeVPS’s NETWORK HUBS, COMPUTERS, POINTS OF PRESENCE OR THE INTERNET. FURTHERMORE, ThemeVPS IN NO WAY WARRANTIES THAT SERVICES WILL NEVER BE INTERRUPTED OR THAT THEY WILL BE ENTIRELY SECURE OR COMPLETELY ERROR FREE, AND ALSO MAKES NO WARRANTY IN RESPECT TO ANY COPYRIGHT, PATENT, TRADEMARK, OR TRADE SECRET. EVERY SERVICE THAT IS PREFORMED IN RELATION TO THIS AGREEMENT IS PERFORMED ON AN “AS IS” BASIS AND THERE ARE NO ADDITIONAL WARRANTIES RELATING TO FAILURES OF ANY COMMUNICATION SYSTEM, EXCLUDING THOSE THAT ARE EXPRESSLY SET FORTH WITHIN THIS AGREEMENT. ThemeVPS MAKES NO WARRANTIES AND HEREBY DISCLAIMS AND IN ADDITION YOU ARE HEREBY WAIVING ALL RELIANCES UPON, ANY WARRANTIES OR REPRESENTATIONS, WHETHER THEY SHOULD ARISE BY LAW OR OTHERWISE, IN REGARDS TO THE SERVICES, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF MERCHANTABILITY, WARRANTY OF FITNESSS FOR ANY PURPOSE WHATSOEVER, WARRANTY OF CONDITIONS OF QUALITY AND ANY WARRANTIES THAT ARE IN RELATED TO COPYRIGHTS, PATENTS, TRADE SECRETS OR ANY OTHER TYPE OF TRADEMARK INFRINGEMENT.

5.3 Your Warranties and Representations to ThemeVPS: By entering into this agreement you are making the following representations, warranties and covenant to ThemeVPS: (a) you are a minimum of eighteen (18) years old or you are a validly and legally existing entity that is duly organized; (b) you have any legal rights that you must possess in order to enter into this Agreement; (c) the Services will only be used for lawful purposes and will only be used in accordance with the terms set forth in this Agreement and any related guidelines and/or policies; (d) you are entirely financially responsible for your account’s usage; (e) in regards to all hypertext links that direct to Web sites belonging to third parties or to other content, you have obtained or will soon obtain authorization for their existence; (f) you have already taken steps to verify or will soon verify that all materials that you make available for distribution or that you yourself distribute are accurate (this includes all content, warranties, descriptive claims, guarantees, address where the business is occurring, nature of the business or anything else requested; and (g) none of the content or software that you have installed or have provided to ThemeVPS in any way infringes upon or violates the rights that belong to any third party (included but in no way limited to intellectual property rights), does not violate any law, ordinance or regulation.

6. Limitation and Exclusion of Liability
6.1. Limitations: UNDER THIS AGREEMENT, ThemeVPS SHALL HAVE NO LIABILITY WHATSOEVER FOR ANY EXEMPLARY, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES EVEN IF ThemeVPS HAS BEEN NOTIFIED THAT SUCH DAMAGES MAY BE POSSIBLE. ThemeVPS IS NOT LIABLE FOR ANY TYPE OF UNAUTHORIZED ACESS TO, ALTERATION, DESTRUCTION OR THEFT OF ANY INFORMATION THAT HAS BEEN PROVIDED TO ThemeVPS OR THAT HAS BEEN DISTRIBUTED IN ACCORDANCE WITH THE TERMS PERTAINING TO SERVICES RENDERED BY ThemeVPS. ANY LIABILITY THAT SHOULD FALL ON ThemeVPS FOR ANY REASON WHATSOEVER OR IN ACCORDANCE WITH OR RELATED TO ANY CAUSE OF ACTION AT ALL IS HEREBY LIMITED TO NO MORE THAN THE PRECISE AMOUNT THAT YOU HAVE PAID TO ThemeVPS IN ACCORDANCE WITH THE TERMS OF THIS AGREEMENT DURING THE LAST THIRTY (30) DAYS THAT OCCURRED IMMEDIATELY BEFORE THE DATE THAT THE CLAIM WAS ACCRUED. ADDITIONALLY, THIS LIMITATION SHALL APPLY TO EVERY CAUSE OF ACTION THAT SHALL AGGREGATE OR OCCUR, INCLDUING BUT NOT LIMITED TO BREACH OF WARRANTY, BREACH OF CONTRACT, STRICT LIABILITY, NEGLIGENCE, MISREPRESENTATIONS, AND ANY OTHER TYPE OF TORT. EVERY FEE ASSESSED FOR ANY SERVICE OFFERED BY ThemeVPS OR BY ANY AGENT OR SUPPLIER ACTING ON BEHALF OF ThemeVPSARE ALWAYS AND WILL ALWAYS BE BASED ON THE ALLOCATION OF RISK THAT IS SET FORTH HEREIN. BY ENTERING INTO THIS AGREEMENT YOU ARE HEREBY RELEASING AND AGREEING TO HOLD HARMLESS ThemeVPS FROM ANY LIABILITIES, OBLIGATIONS AND CLIAMS THAT EXCEED THE LIMITATION SET FORTH IN SECTION 6:1 OF THIS AGREEMENT. THERE ARE SOME STATES WHICH DO NOT ALLOW THE FULL EXCLUSION OR CERTAIN LIMITATIONS FOR LIABILITY THAT ARE RELATED TO INCIDENTAL OR CONSEQUENTIAL DAMAGES, AND FOR THOSE STATES WE LIMIT OUR LIABILITY TO THE FULL EXTENT WHICH IS PERMITTED BY THE LAWS OF THAT STATE AND BY FEDERAL LAW.

6:2 Interruption of Service: By entering into this agreement you are agreeing and acknowledging that under no circumstances will ThemeVPS ever be held liable for any outages, temporary delays or any other sort of interruption of Services. In addition, ThemeVPS will not and shall never be held liable for nay failures or delays that are related to the performance of obligations contained within this Agreement or within the terms of any other agreement, including those that result from a perceived Act of God or cause that is outside of the reasonable control of ThemeVPS including but not limited to packet loss, communications failure, mechanical issues, electronic issues, server crashers or the failure of any thirt-party supplier.

6.3. Maintenance: You additionally agree and acknowledge that ThemeVPS will reserve the right of temporarily suspending services when they need to be repaired or to maintain them, or to upgrade any of the related networks or systems. ThemeVPS will make reasonable efforts to provide you with advance notification of upcoming maintenance but is in no way obligated to inform you that such maintenance is to be taking place.

7. Indemnification
By entering into this Agreement you are hereby agreeing that you will indemnify, defend and in every case hold harmless ThemeVPS and any directors, officers, shareholders, agents, consultants, employees, suppliers and affiliates (“Indemnities”) from any claims whether threatened or actual, and from any demands, suit, cause of action, formal proceedings, informal proceedings, damages, losses, penalties, fines, costs, expenses and liabilities of any kind whatsoever, including but in no way limited to court costs, attorney’s fees or any other expenses that are incurred, sustained or alleged against any Indemnities by any firm, person, governmental authority, corporation, partnership or any other type of entity for any reason that is arising from or that is in any way related to: (i) your breach or violation of any condition, representation, term or warranty contained within this Agreement or any related or unrelated ThemeVPS policy or guideline; (ii) your conduct or conduct from one of your Agents, employees, representatives or anyone else acting on your behalf, including but not limited to gross negligence, negligence and/or willful misconduct; (iii) your use or any use by a person or entity acting on your behalf of the Services, including all uses whether legal, improper or illegal; (iv) any claim that is submitted by one of your former employees who was terminated in relation to or in connection with the execution of this Agreement and the Services that ThemeVPS shall be performing; or (v) any claim that in any way relates to a service or product you are offering, or that is in any way related to your installation of or usage of any software from a third party, including but in no way limited to any advertising, trade secrets, trademark infringement, copyright infringement, patent, product liability claims or non-proprietary rights of a third party (including but again not in any way limited to libel, publicity, defamation or violation or privacy).

8. Miscellaneous
8.1 Confidentiality: All parties involved in this Agreement agree that every instance of Confidential Information (as defined herein) that is communicated from one party to the other shall be done in complete confidence and shall never be used for any purpose not set forth within this Agreement, and will never be disclosed to a third party without the other party first providing written consent except for in manners that have been explicitly described within this Agreement.
“Confidential Information” is hereby defined as any form of information including but in no way limited to printed communications, verbal communications, information that is stored in printed form, information that is stored in optical form, and information that is stored in electromagnetic format that is in any way related to the Services; any data processing programs, computer programs or software or electronic commerce programs or software; electronic data processing techniques, systems, routines or subroutines; any information that in any way incorporates or is in any way based on proprietary information that belongs to either party; or any information pertaining to financial affairs, business concerns, product pricing, financial strategies, technical systems, marketing or financial conditions of either party; or any type of information that pertains to, relates to or concerns any customers or vendors that work with either party; and/or any data that is exchanged between one of the parties and any of its vendors or customers. The following are included exceptions to Confidential Information: information or data that exists in the public domain; (2) information that has been independently developed by some party how has not referenced any information that was disclosed via this Agreement; (3) any information that has been received via a third party without restriction, and/or any manner of breach of this Agreement or any similar Agreement. The disclosure of Confidential Information in order to comply with a legal requirement, accounting requirement or regulatory requirement that is beyond the control of the party making the disclosure is not a violation of this provision, but in the event of such a disclosure, the party who will be making the disclosure must provide the other party with written notice to provide them with a chance to challenge the disclosure. In the event that either Party receives a subpoena regarding such disclosure, that Party must provide the other party with written notice to allow them to have a chance to challenge the resulting disclosure of the related Confidential Information. Once this Agreement is terminated or in response to the written request issued by the party making the disclosure, each Party will immediately return every instance of Confidential Information back to the other party. Furthermore, after the termination of this Agreement, this provision shall continue to be in effect and be enforceable for a time period of two (2) years.

8:2 Notices: Any notice, request, report or any other type of communication that is provided in regards to this Agreement must always be in writing, and will be considered to be duly given once it is hand delivered, delivered via overnight courier service, by electronic mail, or by fax.

8:3 Choice of Law and Forum: THIS AGREEMENT IS TO BE GOVERED BY THE LAWS OF THE STATE OF TEXAS AND THE LAWS OF THE UNITED STATES OF AMERICA, NO REFERENCE IS BEING MADE TO THE RULES THAT WILL SPECIFICALLY GOVERN CHOICE OF LAWS. ALL ACTIONS THAT ARE IN ANY WAY RELATED TO OR ARISING FROM THIS AGREEMENT MUST BE BROUGHT TO THE CALIFORNIA STATE OR FEDERAL COURTS. YOU ARE HEREBY IRREVOCABLY CONSENTING TO PROVIDE JURISDITION TO THE AFOREMENTIONED COURTS.

8.4. Entire Agreement: The entirety of this Agreement and any and all guidelines or policies that are referenced by or incorporated within this Agreement shall be considered the entire Agreement that the parties are entering into and may never be subject to oral modifications or alterations, and may only be modified or altered by an Agreement in writing that both parties have signed.

8.5. No Fiduciary Relationship; No Third­Party Beneficiaries: ThemeVPS is not your fiduciary, agent, trustee or any other type of representative of yours; and you should not imply that from anything expressed or mentioned within this Agreement as it is not intended to provide any legal or equitable rights, remedies or claims to any person that is not one of the parties included within this Agreement. This Agreement and any and all warranties, representations, covenants, provisions and conditions herein are only intended to be for the exclusive and sole benefit of the parties expressed herein.

8.6. Assignments: This Agreement does not permit you to transfer or your rights or to assign any of your obligations, rights or duties set forth within this Agreement without first having obtained written consent from ThemeVPS. ThemeVPS is permitted to assign any of its obligations and/or rights under this Agreement and may elect to utilize agents and/or affiliates to assist in the performance of duties and to assist in the exercising of its rights that pertain to this Agreement without needing to first obtain your consent. This Agreement will also be enforceable, inure to the benefit of, and be binding on and against the parties and any respective assignees or successors.

8.7. No Waiver: Should ThemeVPS fail to enforce strict performance of any portion, part or proviso contained within this Agreement that does not constitute that ThemeVPS is waiving the right of subsequently enforcing that provision or any of the other provisions contained within this Agreement.

8.8 Severability: In the event that any portion of or provision contained within this Agreement is deemed to be void, illegal, unenforceable or void in part or in whole, that portion is to be severed and shall only be enforced to the extent that is legally permissible. The remainder of the Agreement and all parts and provisions contained within will always remain in effect and in full force. Should any provision contained within this Agreement is deemed unenforceable, void or invalid in respect to a certain application, it will remain in effect and in full force in regards to all other applications.

8.9 Survival: Every provision contained within this Agreement that pertains to intellectual property rights, your warranties, your indemnification obligations, exclusion of liability and your payment obligations shall in every instance survive any expiration, termination or destruction of this Agreement.

8.10 Modification: ThemeVPS furthermore reserves the right and permission of adding, modifying or deleting any part or provision of its Acceptable Usage Policy and its Terms and Conditions at any time without needing to provide notice.

Privacy Policy

The following Privacy Policy was created by ThemeVPS to demonstrate that we are firmly committed to privacy. The following disclosures pertain to the information gathering practices and the information dissemination processes of this website: www.themevps.com. We shall use your IP address when necessary in order to diagnose problems or issues within our servers, and/or to administer the ThemeVPS Web site.
Our site does use cookies in order to keep track of our users shopping carts. We also use cookies in order to deliver content that is specifically targeted to your individual interests and also save your password so you do not need to enter it every time that you visit our Web site. This site may contain links that direct users to other Web sites.
ThemeVPS is in no way responsible and thus shall not be held liable for any privacy practices or any of the content contained within such Web sites. ThemeVPS shall never distribute or disclose any of your information to any other third party for any purpose that is not directed via a relevant law or statute and at the request of a governmental entity or authority.
The ThemeVPS Web site utilizes an order form so that customers may make requests for information, services and/or products. The contact information of visitors (like email addresses, etc.) and the financial information of visitors (like their account information, credit card number etc.). We use contact information from order forms in order to send out orders and to send information regarding our company to customers.
We may also use the customer’s contact information in order to reach the visitor when it is necessary to do so. If a user elects to do so, he or she may opt-out of receiving any future marketing efforts or mailings (please see the Opt-Out section below). Any financial information that is gathered is used for the sole purposes of checking to ensure that the user is qualified to pay for services and to bill the user for any services or products they have purchased.

Public Forums

This site makes forums, chat rooms, news groups and/or message boards available for all of its users. Keep in mind that any information you disclose in any of the abovementioned areas then becomes public information. That means you should be cautious regarding what personal information you choose to disclose.

Security

The ThemeVPS site has many security measures that are in place in order to protect any and all of the information that is under our control from any misuse, loss or alteration. We possess state of the art anti-hacking software, some of which was programmed in-house by our own developers and some of which was purchased from a third-party.
The risk that any information shall be compromised or accessed by any individual or party who is unauthorized is extremely low.

Choice/Opt-Out

Should users wish to opt-out so that they will no longer be receiving any communications from us or from any of our partners, users will be glad to know that our site provides all users with options so that they can choose to opt-out by having their information removed from our database, by receiving no future communications from us, or by no electing to no longer receive our services.
Send an email to: Click Here

Correct/Update

Please note the following options that pertain to changing and modifying information that was previously provided.
Email: Click Here