This terms of service is an agreement between you, the customer, (including you, and any agents or representatives authorized by you), which may heretofore be referred to as “you”, “your”, “customer” or “user”, “winners” and PT. Exa Rekatek Prosolusi which may heretofore be referred to as “we”, “us”, “our”, “WinnerVPS”, “WINNERvps”, or “WinnerVPS.com”. This ageement covers the services offered by WinnerVPS and used by or purchased by you. The services generally fall in the category of website server hosting, and may be referred to interchangably as dedicated servers, dedicated hosting, virtual private servers, vps, virtual dedicated servers, server hosting, website hosting, network connectivity, internet bandwidth, internet traffic, server management, or other applicable or similar terms.
These terms of service may be changed by WinnerVPS from time to time, with or without notice.
IP addresses are assigned as per ARIN policy (USA & Canada) and RIPE (Europe). Up to 1 ip addresses (with acceptable justification) are included with each virtual private server free of charge. Additional ip addresses are $5 / mo per /29 IP allocation (5 usable IPs), $13 / mo per /28 IP allocation (13 usable IPs), $29 / mo per /27 IP allocation (29 usable IPs), and $40 / mo per /26 IP allocation (61 usable IPs), up to a maximum of 61 usable IPs allocated per dedicated server. All IP addresses remain the property of WinnerVPS and assignments of IP addresses to customers will be revoked when service is cancelled or suspended, if ip addresses are not being used, or if ip addresses are being used in a way inconsistent with ARIN or RIPE or WinnerVPS acceptable justifications or policies.
Money Back Guarantee
We will gladly provide a refund on any new service ordered if you request a refund within 3 days of the date your service is provisioned due to behaviour of the business model. Refund will only be valid to new customers using the first service and will only be available under a good faith and any legal use on the subject. Refunds that fall outside of this policy will be considered on a case by case basis.
Method of refund:
Refunds will typically be made to the same account that the original payment was made. In the event that our payment processor does not allow us to refund the payment, refunds will either be made via paypal or check. Customer can also opt to have a refund applied as a credit against future service charges.
Unless arranged with us in advance, all services are billed on a month-to-month basis. There is no long term commitment by customer or provider to purchase or provide services on a basis other than month-to-month.
Users may cancel their service at any time during the month, or schedule with us a specific time when service should be discontinued. In order to avoid being charged for service you do not want, be sure to cancel any automatic payments you may have set up, and provide us as much notice as possible prior to cancellation.
Invoices will be sent out approximately 10 days before the service is due to rebill. All services not paid for by the start of the monthly billing cycle are at risk of suspension or termination.
WinnerVPS reserves the right to change prices for services at the start of a customers next billing cycle for that service. Due to the historically declining prices of bandwidth and computer hardware, we anticipate that price increases generally will not be necessary. However, events outside of our control, such as prices charged to us for software licenses, power, space, or labor, or due to changes in regulations, taxes, fees, or other costs of doing business, are unpredictable in nature and may at some point require raising rates unexpectedly.
Currency and rates:
Currently, all services are priced in US dollars. WinnerVPS reserves the right to re-price some or all services in a different currency after giving notice of this change to the affected customers.
Prices valid for new orders only:
Our pricing regularly varies due to our stock on hand and these prices are adjusted on a regular basis as necessary to clear excess inventory or to intentionally slow sales as stock levels dictate. Because of this, any prices listed on our website, in special offers, or given as quotes to specific customers, are valid for new server orders only and may not be applied to existing orders.
Special promotional pricing may be offered to specific existing or potential customers, or specific groups of potential or existing customers, from time to time, on a case by case basis, taking into account the economics of the particular situation and our business goals at that time. As such, offers made to specific customers, specific potential customers, or specific groups of customers or potential customers, are only valid for those customers the offer is made to, and may not be applied to existing or new orders by any other person or group.
Some services provided by WinnerVPS include unmetered bandwidth. This means that there are no overage charges and no monthly usage limits, and the customer may use as much bandwidth as their port speed will allow, 24/7 if they want to. Unmetered bandwidth is normally expected to be available to the customer at the full port speed that they are purchasing, but is not dedicated or guaranteed to operate at that full speed at all times.
Some services provided by WinnerVPS include metered bandwidth. This means that a customer will be given an allowed monthly transfer limit, along with a port speed which is capable of exceeding this monthly limit if it were to be used at its maximum speed continuously. The customer recognizes that it is their responsibility to stay within this transfer limit to avoid any overage charges. For customers who exceed their bandwidth allotment, they will be asked to upgrade to a higher plan that will accomidate their increased usage levels, or their connection speed will be limited, or their service will be suspended. Bandwidth is metered outbound from the server to the internet. Inbound traffic (from the internet to the server) is not counted against a customer’s transfer limits.
A private network connection on a dedicated ethernet port, may be made available to customers upon request, at WinnerVPS’s discretion. Traffic flowing over the private interface will not count against any bandwidth limitations normally in place for that service or account.
WinnerVPS may (but is not obligated to) contact the customer using any available contact information, in order to inform them when any billing, technical, or administrative issue may cause service interruption or other problems, to notify the customer of any abuse complaints or legal actions that need resolution, or to notify of important service changes, such as changes to the terms of service.
For this reason, we require that the customer maintain a working phone number and email address on file with WinnerVPS, and that the customer make sure that their spam filters do not block emails from WinnerVPS. WinnerVPS will not share this contact information with outside parties, except as required by law, as required in order to provide the agreed upon services, or at the request of the customer.
The content and type of usage of the service is not regularly monitored for violation of these terms or of applicable law. In the course of performing other duties related to operating WinnerVPS, we may become aware of activities that are in violation of this agreement or applicable law. Upon noticing or being informed of these violations, we may take appropriate action, which, depending on the nature of the infraction, may include a warning, temporary or permanent service suspension, or, in cases of exploitation of children or other serious crimes, notification to the proper authorities.
Even if we become aware of a specific violation, this does not obligate us to regularly monitor for future violations by the same customer or any other customer, as we do not have the resources nor the authority to regularly monitor customers in this way. We may, however, monitor the quantity of resources used, such as bandwidth, ram, cpu time, disk space, disk i/o and other statistical information, to ensure proper billing, capacity planning, and service reliability.
All legal adult content is allowed, as per applicable law.
Legal usage of bittorrent is allowed, including running trackers, clients, or websites for non-copyright-infringing material. Laws regarding copyright infringement will apply, according to applicable US law. Frequent or unresolved DMCA complaints regarding bittorrent usage may be grounds for service suspension.
Because IRC usage attracts a disproportional amount of denial of service attacks, the WinnerVPS network does not allow usage of IRC clients, servers, bots, or other IRC technology. Customers who are found to be running IRC servers, clients, or bots, may have their service suspended, temporarily or permanently, at the discretion of WinnerVPS. Customers who knowingly run IRC servers, clients, or bots, which are targeted by DoS attacks, may have their service permanently suspended without refund, at the sole discretion of WinnerVPS.
Proxies which are not the cause of frequent or unresolved abuse issues are allowed. Customers who operate proxies which are subject to repeated and disproportionate levels of abuse may have their service suspended. Proxy usage is not an acceptable justification for providing more than our normal maximum allocation of ip addresses (8 per dedicated server), nor will WinnerVPS “rotate” or otherwise frequently change ip addresses on request for proxy operators.
Accounts, passwords, and other private information are provided for customer’s use only. The customer is responsible for any use of their services or accounts, and is therefore responsible for maintaining the security of their accounts and passwords. WinnerVPS will only ask for a user’s password in response to a support ticket submitted via our secured ticketing system. At no other time should you give your username or password to anybody.
WinnerVPS allows and encourages our customers to sell / resell hosting services using the services that we provide to you. The only stipulation is, that you or your employees or agents are responsible for first level technical support and billing for your customers. Any issues that require interaction with our technical support team must be raised in our help desk by yourself or your employees, and not directly by your customers.
Even when reselling service to others, resellers are responsible for the actions taken on the services they are paying for, including bandwidth overages, or violations of the terms of service. We can provide some flexibility for resellers, insofar as cancellation of one service for abuse may not require us to cancel the reseller’s other services, as would normally be required for regular customers.
Denial of Service Attacks:
In no case may WinnerVPS’s services be used to conduct an attack on other networks or hosts, in any capacity. Doing so may result in permanent service suspension without refund. If DoS attacks are made against a customer’s services, our first priority is to take steps to mitigate the impact to other customers, which may include null routing the affected ip address(es), or otherwise suspending the service being attacked. In the case that an attack does not affect other customers or the WinnerVPS network, the service being attacked will normally not be taken offline or suspended.
Customers who are the target of frequent or repeated denial of service attacks, if those attacks negatively impact the WinnerVPS network or it’s customers, may have the services affected by these attacks permanently suspended.
WinnerVPS reserves the right to disallow the usage of internet services that are frequent targets of DoS attacks, such as IRC.
Sending of bulk unsolicited commercial email (spam), is not allowed and will not be tolerated. Customers using the WinnerVPS network may not send, or allow to be sent, via open relay or other means, unsolicited commercial email. Running a legitimate opt-in mailing list, or emailing existing customers, is of course, allowed.
Although we may provide some opportunity to rectify spam problems that are not intentional on the part of the customer, ultimately, every customer is responsible for the activity that occurs via the services that they are paying for. Thus, customers who receive an occasional spam complaint but who do not appear to be knowingly sending spam, may be given notice to correct the issue, but repeated offenses may be grounds for service suspension. During any notice period given (if any), steps may be taken by WinnerVPS as necessary to stop spam from being sent by the customer’s services, including temporarily suspending service, firewalling certain traffic, or other appropriate means. Please be careful when asking, begging, urging or even forcing to do any open port for sending emails as it might be ended and considered as a SPAMMING activity, and is not tolerable under the same policy of SPAM and subject to grant a warning, or be suspended for a period of time, and alleviate any refund or guarantee policy.
Customers who are, as determined by WinnerVPS, knowingly sending spam may have their service permanently suspended without refund. Operating websites or services on the WinnerVPS network, that are being or have been advertised in spam, are also not allowed, and are subject to the same policies as applied to services used to send spam.
If customer’s improper actions or inactions are the cause of WinnerVPS ip space being listed in any spam blacklist or database, that customer may be permanently suspended without refund, at the sole discretion of WinnerVPS.
Running websites that attempt to steal a user’s login information or other personal data (phishing sites) is strictly prohibited. Users who unknowingly host these sites must take them down immediately, and their service may be temporarily suspended until action is taken to rectify the situation. Users who repeatedly host phishing sites, risk having their service permanently suspended. Users who, as determined by WinnerVPS, intentionally host phishing sites using WinnerVPS services may have their service permanently suspended without refund, at our sole discretion.
CPU and I/O Resources:
In the sharing environment, all of our resources are treated to be fair and equal so that they can provide consistent and persistence system to each allocated devices or machines. In terms of technology, we will manage every resources by keeping them equivalent. It means that the CPU and IO request will be allocated in a proportional and objective manners. High usage of the CPU will make our vacuum system activated. The calculation will be based upon average 2-12 hours usage history (in a 5, 15, 60 minutes graphical snapshot). 50% of minimum burst limit will be put on it in some cases, depending on the package of memory, and will remain active until reboot or email notification will be provided if the incident of high usage consumption still occurred. Another occurrence and repetitive incidents will be considered as abusive and will put suspect account into termination.
WinnerVPS networks and servers may only be used for legally permissible purposes under applicable law. Violations of this rule may lead to temporary or permanent suspension of service, with or without refund, and / or notification of appropriate law enforcement, at WinnerVPS’s sole discretion. Uses that are not allowed include, but are not limited to:
- Illegally defaming or slandering another person or group
- Violating applicable copyright law
- Distributing child pornography
- Transmitting threatening messages
- Violating applicable trademark or patent law
- Using the service to commit denial of service attacks
- Attempting to hack into or otherwise attempt to disrupt any network or system not belonging to you
- Committing any action which incurs legal liability for WinnerVPS
- Acting in any other way not consistent with applicable law
In the case of any legal action, customer agrees that the effective jurisdiction will be in DKI Jakarta, Indonesia, unless this jurisdiction is not allowed by law. Applicable laws that must be followed when using our services include Indonesian law. Because our servers are located in Arizona, Canada and French and our business is incorporated in Jakarta, laws from either or both countries may also apply, depending on the particular situation.
Technical Support and Server Management
WinnerVPS offers both managed and unmanaged services for Virtual Private Servers.
Customers who opt for managed service are still given full root access to their server, but are not on their own if they run into problems like they would be with a fully unmanaged service. WinnerVPS is happy to assist in solving problems related to performance issues, initial server setup and optimization, migrating data from an existing server, security hardening, network and os installation, configuration and troubleshooting, installing apache / mysql / php / nginx / webmin / mod perl / cpanel, and similar common, foundation-level web server software. WinnerVPS may, at its discretion, offer support for third party applications and scripts, but is under no obligation to do so, and any work done beyond that listed previously in this paragraph is done on a best-effort basis.
Customers who choose an unmanaged service level will generally be given assistance in troubleshooting networking or hardware level issues, and other problems that affect the customer’s ability to access the services they are paying for in the manner that they are expected to be available. This includes troubleshooting networking issues, troubleshooting ssh, vnc, ipmi, remote desktop, or other remote access software, rebooting or repairing server hardware, and reinstalling or repairing the operating system installation. At WinnerVPS’s sole discretion, we may provide additional assistance to unmanaged customers on a best effort basis, but are under no obligation to do so.
Legal Definitions and Terms
Limitation of Liability; Waiver and Release:
- The services offered by WinnerVPS are being provided on an “AS IS” basis and WinnerVPS expressly disclaims any and all warranties, whether express or implied, including without limitation any implied warranties of merchantability or fitness for a particular purpose, to the fullest extent permitted or authorized by law. In no event shall WinnerVPS be liable for any or all direct, indirect, incidental, special, exemplary or consequential damages (including, but not limited to, procurement of substitute goods or services; loss of use, data, or profits; or business interruption) however caused and on any theory of liability, whether in contract, strict liability, or tort (including, but not limited to, negligence or otherwise) arising in any way out of the use of the services, even if WinnerVPS is aware of or has been advised of the possibility of such damages. Without limitation of the foregoing, in any case, the maximum liability that can be incurred by WinnerVPS is equal to the amount actually charged for services during the time period of usage claimed for damages.
Accordingly, You for Yourself and all of Your heirs, personal representatives, predecessors, successors and assigns, hereby fully release, remise, and forever discharge WinnerVPS and all affiliates of WinnerVPS, and all officers, agents, employees, and representatives of WinnerVPS, and all of their heirs, personal representatives, predecessors, successors and assigns, for, from and against any and all claims, liens, demands, causes of action, controversies, offsets, obligations, losses, damages and liabilities of every kind and character whatsoever, including, but not limited to, any action omission, misrepresentation or other basis of liability founded either in tort or contract and the duties arising thereunder, whether known or unknown, relating to or arising out of, or in any way connected with or resulting from, the products and services and Your acquisition and use thereof, including, but not limited to, the provision of the WinnerVPS products and/or services by WinnerVPS and its agents and employees. Further, You agree to defend, indemnify and hold WinnerVPS harmless from any loss, liability, damages or expense, including reasonable attorneys’ fees, arising out of any breach of any representation or warranty provided herein, any negligence or willful misconduct by You, or any allegation that Your account infringes a third person’s copyright, trademark or proprietary or intellectual property right, or misappropriates a third person’s trade secrets. This indemnification is in addition to any indemnification required of You elsewhere. Should WinnerVPS be notified of a pending law suit, or receive notice of the filing of a law suit, WinnerVPS may seek a written confirmation from You concerning Your obligation to defend, indemnify WinnerVPS. Your failure to provide such a confirmation may be considered a breach of this agreement. You agree that WinnerVPS shall have the right to participate in the defense of any such claim through counsel of its own choosing. You agree to notify WinnerVPS of any such claim promptly in writing and to allow WinnerVPS to control the proceedings. You agree to cooperate fully with WinnerVPS during such proceedings.
You agree that any notices required to be given under this Agreement by us to you will be deemed to have been given if delivered in accordance with the account information you have provided us when you signed up for the service, including your email address or phone number, at our discretion.
You attest that you are of legal age to enter into this Agreement.
No Agency Relationship:
Nothing contained in this Agreement shall be construed as creating any agency, partnership, or other form of joint enterprise between the parties hereto. Each party shall ensure that the foregoing persons shall not represent to the contrary, either expressly, implicitly, by appearance or otherwise.
The failure of us to require your performance of any provision hereof shall not affect the full right to require such performance at any time thereafter; nor shall the waiver by us of a breach of any provision hereof be taken or held to be a waiver of the provision itself.
In the event that any provision of this Agreement shall be unenforceable or invalid under any applicable law or be so held by applicable court decision, such unenforceability or invalidity shall not render this Agreement unenforceable or invalid as a whole. We will amend or replace such provision with one that is valid and enforceable and which achieves, to the extent possible, our original objectives and intent as reflected in the original provision.
Neither party shall be deemed in default hereunder, nor shall it hold the other party responsible for, any cessation, interruption or delay in the performance of its obligations hereunder due to causes beyond its control including, but not limited to: earthquake; flood; fire; storm; natural disaster; act of God; war; terrorism; armed conflict; labor strike; lockout; boycott; supplier failures, shortages, breaches, or delays; or any law, order regulation, direction, action or request of the government, including any federal, state and local governments having or claiming jurisdiction over WinnerVPS, or of any department, agency, commission, bureau, corporation or other instrumentality of any federal, state, or local government, or of any civil or military authority; or any other cause or circumstance, whether of a similar or dissimilar nature to the foregoing, beyond the reasonable control of the affected party, provided that the party relying upon this section (i) shall have given the other party written notice thereof promptly and, in any event, within five (5) days of discovery thereof and (ii) shall take all steps reasonably necessary under the circumstances to mitigate the effects of the force majeure event upon which such notice is based; provided further, that in the event a force majeure event described in this Section extends for a period in excess of thirty (30) days in the aggregate, WinnerVPS may immediately terminate this Agreement.
This Agreement, together with all modifications, constitute the complete and exclusive agreement between you and us, and supersede and govern all prior proposals, agreements, or other communications. This Agreement may not be amended or modified by you except by means of a written document signed by both you and an authorized representative of us.
The section headings appearing in this Agreement are inserted only as a matter of convenience and in no way define, limit, construe or describe the scope or extent of such section or in any way affect such section.