- Description of Service
VPS Hosting
VPS plans place your virtual server instance within a physical server shared with other customers, but you will have full control over your server space and the complete configuration of your virtual instance on the server. You will have administrator(root) access and a dedicated IP address. You will have to specify extra requirements within the “Note to Admin” field prior to the provisioning of the vps after which all requests will be considered as Managed Support.
Managed Support
We handle core patching, security, monitoring and backups. It includes initial setup of requested application, specified database server for instance. Additional configurations and installations can be performed for an additional fee.
Managed Service/Premium Support/Expert Services
Managed Service/Premium Support/Expert Services(“Expert Services”) are additional custom support services available for a set fee. These Expert Services can provide assistance if you need an experienced server administrator for complicated tasks, including: optimizing databases, configuring firewalls, or moving content etc. that doesn’t come with the package.
If you request the installation of a Supported Application, we will install and configure the Supported Application on our server as long as the server has available resources (e.g., storage, RAM, processing power) to support that particular application.
We will then provide the primary (administrator) username and password to you, at which point you will take over the managed and additional configuration of that particular application. We will not be responsible for content, customization, or any other activities associated with the Supported Application, including any repair of the Supported Application should it stop working.
Backup
Backup and restore services save all your files to the cloud as per your request. These backup and restore services are not included in your vps hosting plans and so additional fees will be added depending on the frequency you need.
- ACCOUNT TERMINATION; LIMITATIONS
Migration of Servers
You acknowledge and agree that as a normal course of business, it may be necessary for us to migrate our servers. As a result, even if you have a dedicated IP, you may be assigned a different IP number at some point. We do not warrant that you will be able to consistently maintain your given IP numbers.
Termination of Services
You acknowledge and agree that upon expiration or termination of your Hosting Services, you must discontinue use of the Hosting Services and relinquish use of the IP addresses and server names assigned to you in connection with Hosting Services, including pointing the domain name system (“DNS”) for your domain name(s) away from our servers. Prior to termination of the Hosting Services, you are responsible for moving your website or server content off our servers. We will not transfer or FTP your website or server content to another provider. If you fail to move your website or server content off our servers prior to cancellation, we will delete all such content and we will not be able to provide a copy of such content. This term will also be applied if our billing team fails to connect to you if you fail to pay the periodical subscription fees. Also, if you want to terminate your subscription before the subscription period ends, no rebate or adjustment will occur.
Upgradation/Downgradation on Subscriptions
If at any point of time you want to upgrade or downgrade your subscription, the new subscription terms and fees will be applicable prior to the activation of the new subscription. In this case, subscription fees paid for the previous vps package will be adjusted with the new one and a new billing rate will be applied onwards.
Discounts on Subscriptions
All declared discounts on any subscription may be altered or revoked at any point of your subscription and new discounts and/or fees may be applied as per company policy at any point of your subscription with prior notice.
Storage Capacity
The total amount of usable storage capacity for your particular VPS Hosting Service(s) may differ from the represented capacity, as there is required space for the operating system(s), system file(s), and other supporting file(s).
- YOUR OBLIGATIONS; REPRESENTATIONS AND WARRANTIES
Abusive Activities and Other Threats
You acknowledge and agree that you may not use our servers as a source, intermediary, reply to address, or destination address for mail bombs, Internet packet flooding, packet corruption, denial of service, or other abusive activities that threaten the stability of our network or will damage the systems of, or cause a disruption of internet services to, Tirzok, our customers, or third-parties. Server hacking or other perpetration of security breaches is prohibited and we reserve the right to remove sites containing information about hacking or links to such information. Use of your website as an anonymous gateway is prohibited. We prohibit the use of software or scripts run on our servers that cause the server to load beyond a reasonable level, as determined by us. You agree that we reserve the right to remove your application or website temporarily or permanently from our servers if you are in violation of this Service Agreement and/or there are activities that threaten the stability of our network. You acknowledge and agree that all vps associated with your account may be removed if one application in one of your subscribed vps is in violation of this Service Agreement. You further acknowledge and agree that Tirzok reserves the right to scan your vps account for malicious content (e.g., malware), and that, in the event any such content is discovered, it may be removed at Tirzok’s discretion for security purposes.
You represent and warrant to Tirzok that your use of any service that it provides will not violate any applicable law or regulation in the province, state, territory or country in which you reside. If you are unable or unwilling to do so, do not request services from Tirzok.
Contact
You represent and warrant that any information you provide about yourself or your company is true, and you will maintain and promptly update such information to keep it true and current.
Communication
Tirzok reserves the right to communicate with you regarding the Services and your use of the Site. You consent to Tirzok’s use of any contact information that you provide to Tirzok in doing so.
Credentials
If you are given a username and/or a password for the purpose of accessing certain vps or application, you are responsible for all activities conducted under that username or password, and you will take all necessary steps to ensure that no one but you uses that username or password and that password is kept confidential. It is recommended that you do change the password right away as the vps is provided to you.
Also, Tirzok preserves the right to change any credentials of any vps or application that you possess if it feels any threat to the system and if Tirzok modifies any credentials for security purposes it will be notified prior to the modification.
Server Content
You shall be solely responsible for providing, updating, uploading and maintaining your website or server and any and all files, pages, data, works, information and/or materials on, within, displayed, linked or transmitted to, from or through your server including, but not limited to, trade or service marks, images, photographs, illustrations, graphics, audio clips, video clips, email or other messages, meta tags, domain names, software and text. You acknowledge and agree that in the course of providing you with technical assistance, it may be necessary for our support staff to modify, alter or remove the content of your hosted product.
If you request that we install any Third Party Software (defined below) not provided as part of the Hosting Services, you represent and warrant that (1) you have the right to use and install the Third Party Software, (2) you have paid the applicable licensing fees for the Third Party Software, and (3) the Third Party Software does not and shall not infringe on the intellectual property rights of any other person or entity.
You acknowledge and agree that you shall not use our servers in a manner that, as determined by us in our sole and absolute discretion:
- displays or advertises pornographic, X-rated, sexually explicit, or otherwise tasteless materials, images, products or services (including, but not limited to: massage, dating, escort or prostitution services)
- uses pornographic, X-rated, sexually explicit keywords or images in video names, descriptions or listings
- any act in violation of any applicable local, provincial, state, national or international law or regulation including any laws relating to:
- include child pornography
- the export of data or software
- the protection of human rights
- the promotion of hatred
- defamation
- criminal offense
- the protection of intellectual property
- including the sending of commercial electronic messages without consent from the recipients
- any application that other customers of Tirzok
- run:
- lottery sites
- IP/Port scanners
- malware
- IRC scripts
- Prime Banks Programs
- DDoS attack
- IP/Port flooding
Further, you are responsible for ensuring that any product posted for sale on your website in our servers is in compliance with all applicable laws and regulations where your items can be purchased. We reserve the right and sole discretion to determine whether the sale of any particular item is illegal or otherwise prohibited and cancel your Services.
Configuration Add-Ons
We offer multiple configuration options (“Configuration Add-Ons”) for an extra fee. The specific Configuration Add-Ons available depend on which hosting package you purchase, but may include a control panel, database, external firewall or RAID. You acknowledge and agree that installing a Configuration Add-On will use some of your available storage, may require additional provisioning time, will require us to install Third Party Software (defined below), third party hardware or internally developed custom software to your server, and, in some cases, may limit the versions of Third Party Software available for use with your server. Third Party Software, third party hardware and internally developed customer software will be supported by us. If you wish to cancel RAID, you will be required to cancel your server and purchase a new one.
- SERVICE UPTIME GUARANTEE
We offer a Service uptime guarantee of 99.9% (“Service Uptime Guarantee”) of available time per month. If we fail to maintain this Service Uptime Guarantee in a particular month (as solely determined by us), you may contact us and request a credit of 5% of your monthly hosting fee for that month. The credit may be used only for the purchase of further products and services from us, and is exclusive of any applicable taxes. The Service Uptime Guarantee does not apply to service interruptions caused by: (1) periodic scheduled maintenance or repairs we may undertake from time to time; (2) interruptions caused by you from custom scripting, coding or the installation of third-party applications; (3) outages that do not affect the appearance of your website or application but merely affect access to your website such as FTP and email or access to your vps via ssh; (4) causes beyond our control or that are not reasonably foreseeable; and (5) outages related to the reliability of certain programming environments.
- THIRD PARTY SOFTWARE
“Third Party Software” means any software or application developed and owned by a third party provider that we may contract with from time to time.
Operating Software
The Hosting Services may be operated in Linux® and Windows® environments. Each time you commission a server, we will provision the server with the operating system you choose.
We reserve the right to modify, change, or discontinue any Third-Party Software at any time, and you agree to cooperate in performing such steps as may be necessary to install any updates to the Third-Party Software. The Third-Party Software is neither sold nor distributed to you, and you may use the Third-Party Software solely as part of the vps services. You may not use the Third-Party Software outside of the vps services. We may provide your personal information to third-party providers as required to provide the Third-Party Software. You acknowledge and agree that your use of the Third-Party Software is subject to our agreement(s) with the third-party providers. In addition, if the Third-Party Software is accompanied by or requires consent to a service or license agreement from the third-party provider, your use of the Third-Party Software is subject to such service or license agreement. You may not download, install, or use any Third-Party Software that is accompanied by or requires consent to a service or license agreement from a third-party provider unless you first agree to the terms and conditions of such service or license agreement. You may not remove, modify, or obscure any copyright, trademark, or other proprietary rights notices that are contained in or on the Third-Party Software. You may not reverse engineer, decompile, or disassemble the Third-Party Software, except and only to the extent that such activity is expressly permitted by applicable law. You acknowledge and agree that the third-party providers (and their affiliates and suppliers) make no representations or warranties about any Third-Party Software offered in connection with the Hosting Services, and expressly disclaim any liability or damages (whether direct, indirect, or consequential) arising from the use of the Third-Party Software. You acknowledge and agree that any Third-Party Software will be supported by us and not by the third-party providers (or their affiliates or suppliers).
- Non-Discrimination
We will not discriminate against you for exercising any of your privacy rights. Unless permitted under applicable laws, we will not:
- Deny you goods or services
- Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties
- Provide you a different level or quality of goods or services
- Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services
- Support
The 24-hour, 7 seven days a week Support offered by Tirzok relates to hardware and network support only. Tirzok provides phone or email support for managed service that is available only in the working hours, ie: 0900 to 1900 BST time span.
- Amendment of Terms
Tirzok may change the terms and conditions from time to time and at any time. When Tirzok changes the T&C, Tirzok will: (i) mail the updated version of the T&C to the mail provided by you along with the effective date.
Tirzok may, but is not obliged to, ask you to actively confirm your consent to the revised terms and conditions. If you do not agree with the revised T&C without qualification, request Tirzok to terminate the subscription. And rebate to your subscription will be accomplished as per the Termination of Services section described above.