LaunchVPS, LLC (also referred to as “Launch VPS,” “LaunchVPS,” “company,” “our,” “us,” or “we”) agrees to provide services to the Client (also referred to as “you” or “your”) upon the following Terms of Service (the “Terms of Service” or “Agreement”). LaunchVPS’s services, products and technologies (together, the “Services”) are set forth on LaunchVPS’s website at www.launchvps.com and may be modified without notice, at the discretion of LaunchVPS. Any use of the Services by you constitutes your agreement to these Terms of Service. LaunchVPS reserves the right to modify these Terms of Service without notice, at the discretion of LaunchVPS.
1. Privacy Policy, Acceptable Use Policy, and DMCA Notice LaunchVPS’s Privacy Policy, Acceptable Use Policy, and DMCA Notice which are attached hereto as “Exhibit A“, “Exhibit B“, and “Exhibit C“ respectively, are incorporated in and are part of these Terms of Service.
2. Term and Termination.
(a) The term of this Agreement is monthly, quarterly, or annually commencing on the date that you sign up electronically for Services by creating an account with an email address (“Start Date”).
(b) LaunchVPS may suspend or terminate the provision of Services to you without notice if, in its sole discretion, LaunchVPS determines you have breached any of these Terms of Service. If LaunchVPS suspends or terminates Services because of your breach, any amounts owed to LaunchVPS by you will be immediately due and payable. If your account is suspended or terminated, no refunds will be issued by us and all amounts prepaid by you will be forfeited.
3. Payment; Refund.
(a) Payments of fees are due in advance and billed monthly, quarterly, or annually by LaunchVPS with the first payment due on the Start Date and subsequent payments due on each anniversary of the Start Date. All invoices are denominated, and you must pay, in U.S. dollars. Payments are due no later than 15 days after the invoice date. Failure to make payment within 3 days of invoicing may subject you to suspension or termination of Services. Any account interrupted for non-payment is subject to a 15% late fee before reconnection. Credit cards that are declined for any reason are subject to a $1.00 declination fee. LaunchVPS reserves the right to bring legal action to collect any overdue fees, including any attorney fees and costs.
(b) If within 45 days of purchasing a server product from us, you notify us that you are not satisfied with the product and cease using the product, we will refund the purchase price to you within 24 hours from the time the refund request was initiated.
4. Your Responsibilities. You will:
(a) Provide accurate personal and business identifying information, as may be required by LaunchVPS from time to time, including names, addresses, telephone numbers, and email addresses.
(b) Maintain proper security protocols, including without limitation, strong passwords and access control mechanisms, safeguarding of access to all logins, passwords, verification of the trustworthiness of persons who are entrusted with account access information.
(c) Notify LaunchVPS immediately of any security breaches involving the Services or data hosted or stored at LaunchVPS.
5. Disclaimers and Waiver of Liability. LaunchVPS DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, REGARDING THE SERVICES, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. NO REPRESENTATION OR OTHER AFFIRMATION OF FACT REGARDING THE SERVICES, NOR THE STATEMENT OR CONDUCT OF ANY AGENT OF LaunchVPS, SHALL BE DEEMED A WARRANTY FOR ANY PURPOSE OR GIVE RISE TO ANY LIABILITY WHATSOEVER OF LaunchVPS. YOU ACKNOWLEDGE THAT YOU HAVE RELIED ON NO WARRANTIES OR STATEMENTS OTHER THAN AS MAY BE SET FORTH HEREIN. YOU HEREBY WAIVE ANY AND ALL CLAIMS AGAINST LaunchVPS ARISING OUT OF YOUR PURCHASE OR USE OF THE SERVICES AND ANY CONDUCT OF LaunchVPS'S OFFICERS, EMPLOYEES, OR AGENTS. LaunchVPS SHALL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE TO YOU OR ANY THIRD PARTY IN ANY AMOUNT FOR ANY INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL OR CONSEQUENTIAL DAMAGES INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, REVENUE OR SAVINGS, LOSS OF GOODWILL, OR THE LOSS OF USE OF ANY DATA, EVEN IF LaunchVPS HAS BEEN ADVISED OF, KNEW, OR SHOULD HAVE KNOWN, OF THE POSSIBILITY THEREOF. NO DISCLOSURE BY LaunchVPS'S OFFICERS, EMPLOYEES, OR AGENTS, SHALL BE MADE A CAUSE OF LIABILITY. UNDER NO CIRCUMSTANCES SHALL LaunchVPS’S AGGREGATE CUMULATIVE LIABILITY TO YOU, WHETHER IN CONTRACT, TORT, UNDER STATUTE, OR OTHERWISE, EXCEED THE AMOUNT OF FEES FOR ONE (1) MONTH OF SERVICES PROVIDED TO YOU. YOU AGREE THAT THE FEES PAID BY YOU REFLECT THE ALLOCATION OF RISK UNDER THESE TERMS OF SERVICE AND THAT LaunchVPS WOULD NOT ENTER INTO THESE TERMS OF SERVICE WITHOUT THESE LIMITATIONS.
6. Confidentiality. You shall keep confidential any confidential information, as may be so designated by LaunchVPS from time to time, to which you have access and shall cooperate with LaunchVPS's efforts to maintain the confidentiality thereof. You shall not publish to third parties or distribute information or documentation that LaunchVPS provides for purposes of providing Services or operating and maintaining its systems, including invoices, work orders, or other such materials.
7. Backup; Support.
(a) You are solely responsible for the preservation of your data. LaunchVPS shall have no responsibility to preserve your data, even though LaunchVPS provides you with backup services. You are responsible for managing your VPS. LaunchVPS VPS’s are self-managed and are tailored for web hosts, advanced system administrators, and experienced developers. In order to properly manage your LaunchVPS VPS, you should have working knowledge of Linux or Windows operating systems, tools, and services. LaunchVPS may provide you with basic management tools needed to configure and maintain your VPS.
(b) LaunchVPS will provide you with support for the following: (i) Network Access; (ii) Server Hardware; (iii) Control Panel Functionality; and (iv) OS templates and ISOs.
(c) Anything that LaunchVPS does not install and configure for you is your responsibility and is not covered by our support. However, LaunchVPS, in its discretion, may use reasonable commercial efforts to provide support for issues falling outside of our covered support, at your request.
(d) LaunchVPS intends to answer your “trouble tickets” in connection with Services, if properly posted, within twelve (12) hours or less from the time of posting. We will then develop a plan of action and relay information on how the issue may be resolved. If we fail to provide reasonable support, you will receive a refund of your current month’s fee.
(e) LaunchVPS will use commercially reasonable efforts to maintain an “up-time” of 99.9% or higher for its Services, as determined by LaunchVPS in its discretion. If we fail to meet this threshold, an account credit can be requested which will be equal to the amount of downtime incurred on an hourly basis, rounded up to the nearest hour in any given calendar month.
8. Indemnification. You shall defend, indemnify and hold harmless (including attorney’s fees and costs) LaunchVPS from any and all claims or causes of action arising out of (a) your use of Services, and (b) your breach of any of these Terms of Service.
9. General. This Agreement shall be governed by, and construed in accordance with, the laws of the State of Pennsylvania, without respect to principles regarding conflicts of law. This is the entire Agreement between the parties with regard to the Services. Each party consents to the exclusive jurisdiction of any state or federal court located in the State of Pennsylvania and agrees that venue of any action instituted under this Agreement shall be proper only in the State of Pennsylvania and waives any objection to venue.
1. Personal Information Collected. LaunchVPS stores personal data collected upon registration for our Services. This includes your full name, company name, billing address, and email address. We also gather anonymous usage data from our visitors via cookies for usage with Google Analytics.
2. Protection of Personal Information. LaunchVPS implements various industry standard security measures to protect your personal data during the ordering process and when you access your account information. Information is transferred from our servers over a Secure Socket Layer (SSL) connection so that your personal data is securely encrypted during the transfer.
3. Third Party Disclosure of Personal Information. LaunchVPS will not sell your personal information for inclusion on third party e-mail or other types of marketing lists. LaunchVPS does not provide personal information to third party companies except to trusted third parties who perform services on our behalf (such as payment processing), provided such third party agrees that it will keep your personal information confidential. We may also share non-personally identifiable statistical data about our customers with third parties, such as advertisers.
4. Law Enforcement Disclosure. LaunchVPS may disclose any and all of information pertaining to you to any law enforcement agency that provides proper documentation. This information includes, but is not limited to, your account use, account history, and communications between LaunchVPS and you.
5. Children’s Privacy. LaunchVPS’s Services are meant for people who are at least 13 years of age. We will not intentionally collect or maintain information about anyone under the age of 13.
Services may not be used for illegal purposes or in support of illegal activities. LaunchVPS reserves the right to cooperate with legal authorities and other third parties in the investigation of any suspected crime or civil wrongdoing. Any attempt to perpetrate or permit or commission of any of the following while using our Services is prohibited and may result in the immediate suspension or termination of your account without notice or reimbursement, in the discretion of LaunchVPS.
1. Threats; Harassment. Transmission of any material by e-mail, uploading, posting or otherwise that threatens or encourages bodily harm or destruction of property or otherwise that harasses another.
2. Forgery or Impersonation. Adding, removing or modifying identifying network header information in an effort to deceive or mislead. Attempting to impersonate any person by using forged headers or other identifying information. The use of anonymous remailers or nicknames does not constitute impersonation. Forging any message header, in part or whole, of any electronic transmission, originating or passing through our Services.
3. Fraudulent Activity. Making fraudulent offers to sell or buy products, items, or services or to advance any type of financial scam such as "pyramid schemes" and "chain letters.” Any fraudulent or knowing misrepresentation or misleading statement, writing or activity made with the intent that the person receiving it will act upon it.
4. Unsolicited Commercial E-mail / Unsolicited Bulk E-mail (SPAM). Transmission of any unsolicited commercial or unsolicited bulk e-mail. Legitimate uses of bulk email in a manner consistent with applicable law may be permitted at the sole discretion of LaunchVPS. LaunchVPS's abuse resolution policy is to serve all abuse complaints via our ticket system at https://cp.launchvps.com. Accounts generating complaints from recognized blacklist databases will incur a one-time administrative fee of $35 per complaint and are expected to resolve these issues themselves. In the event of a Spamhaus or Outblaze blacklist listing, an additional $350 administrative fee will be due and payable upon termination.
5. E-mail / News Bombing. Malicious intent to impede another person's use of electronic mail services or news.
6. Usenet SPAMing. Any use of Services or LaunchVPS’s network for the posting of messages or commercial advertisements that violate the rules, regulations, FAQ or charter of any newsgroups or mailing list. Commercial messages that are appropriate under the rules of a newsgroup or mailing list or that are solicited by the recipients are permitted.
7. Unauthorized Access. Any access, or to attempt to access, the accounts of others, or to penetrate, or attempt to penetrate, security measures of LaunchVPS or another entity's computer software or hardware, electronic communications system, or telecommunications system, whether or not the intrusion results in the corruption or loss of data.
8. Infringement of Copyright, Patent, Trademark, Trade Secret, or Intellectual Property Right. Transmission of any material by e-mail, uploading, posting or otherwise that infringes any copyright, trademark, patent, trade secret or other proprietary rights of any third party, including, but not limited to, the unauthorized copying of copyrighted material, the digitization and distribution of photographs from magazines, books, or other copyrighted sources, and the unauthorized transmittal of copyrighted software.
9. Collection of Personal Data. Any collection, or attempt to collect, personal information about third parties without their knowledge or consent.
10. Abuse, Network Disruptions, and Unfriendly Activity. Any activity that affects the ability of other people or systems to use LaunchVPS’s services or the Internet, including without limitation, any "Denial of Service" (DoS) attacks against another network host and/or consistent high resource usage. Interference with or disruption of other network users, services or equipment or unauthorized entry or use of another company or individual's computer system. It is your responsibility to ensure that your network is configured in a secure manner. You may not, through action or inaction, allow others to use your network for illegal or inappropriate actions. You may not permit your account, through action or inaction, to be configured in such a way that gives a third party the capability to use your account in an illegal or inappropriate manner. You will be held responsible and accountable for any activity by third parties, using your account, that violates this Appropriate Use Policy.
11. Distribution of Viruses. Intentional distributions of software that attempt to or causes damage, harassment, or annoyance to persons, data, and/or computer systems.
12. Inappropriate Use of Software. Use of software or any device that would facilitate a continued connection, i.e. “pinging” or constant high CPU usage over a period of time, and/or be used for illegal purposes.
Unwarranted Software and Use Cases:
13. Internet Relay Channel. IRC is allowed on LaunchVPS's network. If you are planning running an IRC server, please notify our staff at sign-up as these machines require special attention. LaunchVPS reserves the right to determine if there is or is not illegal activity being conducted in such an instance.
14. Pornographic Material. Legal adult content is allowed on LaunchVPS's network. The content must be within the legal confines of United States laws.
15. Torrenting, Usenet, or Peer to Peer. Torrenting, Usenet, or other Peer to Peer (P2P) software use for legally downloading or uploading data is allowed, but will be limited to 10 Mbps. Please notify our staff if you intend to use LaunchVPS services for these operations.
You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing the following information in writing (see 17 U.S.C 512(c)(3) for further details):
1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright’s interests.
2. A description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work.
3. Identification of the URL or other specific location on the Service where the material that you claim is infringing is located.
4. Your address, telephone number, and email address.
5. A statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
6. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
If you believe a DMCA violation or other legal issue is taking place on the LaunchVPS network, please report the instance to our Abuse Department or to:
LaunchVPS
873 E. Baltimore Pike
Suite 424
Kennett Square, PA
19348