Terms of Service
This Service Agreement ("Agreement") governs the relationship of awesomerdp.com (the "Service Provider"), its systems and resources (the "Service"), and any entity that is explicitly granted use of the Service (the "Subscriber").
2. Acceptance and Assignment
The Subscriber shall indicate acceptance of this Agreement in the course of submitting an order to the Service Provider through the Service Provider's electronic order form or by accessing the Service.
The Service Provider shall indicate acceptance of this Agreement by sending confirmation of the order to the Subscriber by electronic mail.
The Subscriber may not assign rights or delegate duties assumed by acceptance of this Agreement without the prior written consent of the Service Provider, and any attempted assignment or delegation without such consent shall be void.
The Service Provider shall provide access to the Services paid for by the Subscriber expressly for the use of the Subscriber, to include maintenance of the underlying hardware and network infrastructure necessary to connect the Service to the Internet and a password to support authentication while using the Service.
The Subscriber shall not obtain any right or title in any equipment or software belonging to the Service Provider or any third parties whose equipment the Service Provider may utilize to provide the Service.
All our dedicated, admin and VPS plans are unmanaged. We setup the hardware, install the OS and maintain the network and hardware. Things like installing scripts and software, troubleshooting configuration issues, setting up firewall rules, etc. are all up to the client.
During the term of this Agreement, and conditioned upon full payment of fees, the Service Provider grants to the Subscriber a non-exclusive, non-transferable license to access and use the Service solely in accordance with this Agreement and the guidelines set forth in the Acceptable Use Policy.
4. Invoicing and Payment
The Service Provider shall send an invoice to the Subscriber by electronic mail for any applicable fees related to administration, setup, upgrades, and use of the Service.
Administrative, setup, and upgrade fees shall be due at the time that they are assessed.
Price of the first month will be the recurring price for all the plans except for the pro-rata plans.
All recurring service fees shall be due in advance of the billing period incurred and any applicable overage charges relating to use of the Service shall be due at the end of the billing period in which such charges are incurred.
4.2 Payment Forms
The Subscriber agrees to pay all fees invoiced by the Service Provider . The Service Provider may, at its sole discretion, accept alternate forms of payment.
Where the Subscriber has elected to automatically transact payments made to the Service Provider, the invoice sent to the Subscriber by electronic mail shall also service as the Subscriber's receipt of payment.
Where the Subscriber has not elected to automatically transact payments made to the Service Provider, or in the event that an automatically-transacted payment should fail, the Subscriber shall promptly pay any invoiced charges to the Service Provider prior to the invoice due date.
Refund Is Provided only if services are surrendered or canceled within 24 Hours. Cancellations of the service within 24 Hours, should have a valid reason. For dedicated servers no refund will be provided.
We reserve right to deny refund to any client if we do not find the reason satisfactory.
No Refund will be Provided under any circumstances after 24 Hours .
5. Term and Termination
This agreement shall remain in effect until notice of termination is provided by the Subscriber or Service Provider.
This Agreement and the Subscriber's access to the Service shall terminate as follows:
The Subscriber may terminate at the end of the present billing cycle
Banned activities are also mentioned here https://awesomerdp.com/clients/announcements.php?id=28
The Service Provider may terminate with thirty (30) days prior notice
The Service Provider may terminate with fifteen (15) days prior to the notice the Subscriber should the Subscriber fail to correct any breach of this Agreement
The Service Provider may immediately and without prior notice terminate upon determining, at its sole discretion, that the Subscriber is in violation of the Acceptable Use Policy.
Sections 1, 2, 3, 5, 6, 7, 8, 9, and 10 shall survive any termination of this Agreement.
5.1 Termination at End of Billing Cycle
The Subscriber may provide notice to the Service Provider by submitting a cancellation request via an electronic form.
5.2 Termination with 30 Day Notice
The Service Provider may provide notice by electronic mail.
5.3 Termination with 15 Day Notice
Should the Subscriber breach any provision of this Agreement, the Service Provider shall provide notice by electronic mail.
5.4 Termination upon Acceptable Use Policy Breach
The Service Provider shall provide notice by electronic mail.
5.5 You can NOT open any dispute to paypal, your card issuer or any other third party. If you do so, your account will be terminated immediately. Your Refund request will be cancelled and No refund will be provided.
6. Force Majeure
Either party shall be excused from any delay or failure in performance under this Agreement which is caused by reason of any occurrence or contingency beyond its reasonable control, including without limitation: acts of God, earthquake, labor disputes and strikes, riots, war, and governmental requirements. The obligations and rights of the party so excused shall be extended on a day-to-day basis for the period of time equal to that of the underlying cause of the delay.
The Subscriber shall indemnify and hold the Service Provider harmless against all third party claims, demands, suits, actions, judgments, losses, costs, damages (direct, indirect, and consequential), attorney's fees and expenses that the Service Provider may sustain or incur by reason of any breach or alleged breach of any term or condition of this Agreement (including reasonable attorney's fees) and for any act or omission of the Subscriber or customers of the Subscriber which are in any way related to the Service.
While the Service Provider makes reasonable efforts to maintain the Service, many factors are not within the Service Provider's control. Therefore, the Service Provider does not warrant, and is not responsible for (even if caused by negligence of the Service Provider) any loss of data, delays, non-delivery or mis delivery of information, lack of access, slow response time, interruptions of the Service, or errors of the Service.
Loss, delay or non-delivery of data can be due to but not limited to the Service Provider's own negligence, viruses, or other third parties. The Subscriber's data is defined as any data held by the Service Provider and includes account information, web hosting data, email, and domain name services.
This disclaimer and waiver shall apply equally to any and all third party providers. The Service Provider makes no warranty to the Subscriber regarding the accuracy of usage statistics, which the Service Provider may provide at its discretion. Further, no advice or information given by any representative of the Service Provider shall create a warranty or serve as an amendment to this agreement.
8. Suspension And Termination
8.1 AwesomeRDP, may at its discretion, suspend or terminate service of any client that is abusive/harassing to our employees. Examples of such activity include, but are not limited to; Verbal abuse – cursing, yelling, threatening, etc.
8.2 Ongoing disregard for warnings or notices
8.3 Consistent mistakes/errors/changes causing unnecessary workload
8.4 Spamming our email addresses, ticket systems, or servers
8.5 Continuous involvement in flood/DDOS activity, hacked services, or other ongoing non-permitted usage
8.6 Consistent late payments or responses
8.7 Issuing a chargeback or bouncing a payment
8.8 Activity which affects the service(s) of other clients
8.9 Open disputes with payment gateways/banks
8.10 Anything than can result in Spamhaus listing
8.11 Phishing Sites / Scam Sites (ex: Ebay/Paypal,CC/Password Scam sites)
8.12 Mailbombers or any sort of spam sites
8.13 DDoS originations
8.14 Spam email
8.15 Netscan / Hack programs and archives
8.16 Malicious Scripts (ex: originate DDoS attacks or hack attempts)/ Hitleap viewer / Jingling or similar applications
8.17 Botnet/Doorway/Carding/Mining tools
8.18 Streaming not allowed from our VPS, RDP services
8.19 Proxy not allowed from our VPS or Dedicated Serves
If any of this happens will result in an immediate service termination and no refund will be provided
9. Spam Policy
Customers may not use our services for spamming activities / sending unsolicited emails / requests. If found doing so, we have the right to terminate customer account without any prior notification and no refund would be issued. Also a damage charge will be added.
10. Acceptable Usage Policy
Content uploaded, stored, emailed or transmitted by clients on our servers must not contain any files which violate local and international laws and treaties. This includes but is not limited to storage, upload, email, transmission or any means of making available works of copyrighted videos, music, games, templates and softwares.
Customers who store and / or upload child pornography will have their servers suspended immediately without any warnings / notices. We will also hand over all your personal details to federal authorities for legal recourse. Any activity which creates hatred against minors or which hurts the sentiments of minors is banned.
Customers may not run websites which spread hatred, threaten people, indulge in illegal activities like hacking etc.
Customers may not run websites which spread anti-national sentiments, degrade opposite races, sex etc.
Customers may not run or administer IRC bots or its clients.
Customers may not use our servers for streaming or CDN services except with AwesomeRDP’s prior written consent , which consent may be granted or withheld at AwesomeRDP’s sole discretion.
Customers may not use our servers to offer or run any web proxy services which hide the origin of network traffic.
Customer agrees not to post incorrect information in new groups and boards in violation of their terms. We reserve the right to terminate your services if any news group or service providers contact us about the violation.
Customers agree to use only licensed softwares to run their operations. Customers are free to use trial and open source softwares. Use of nulled / cracked softwares is not allowed and such usage can lead to termination of services.
Customers may not run unauthorized scripts or softwares on our servers which can harm the equipment affecting the service and equipment.
Customers may not send Distributed Denial of Service (DDoS) or Denial of Service attacks to others using our servers. This will lead to immediate termination without any refund settlement. AwesomeRDP have the right to claim fees from such defaulters to set right the loss caused to affected party. If the affected party takes a legal recourse, customer details would be shared with the court of law if a legal request is received by AwesomeRDP.
Customers may not send / store malicious scripts / cookies etc.
Customers may not impersonate any person or entity.
Customers may not upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising using promotional materials like "Junk mail," "spam," "chain letters," or "pyramid schemes". We may require the customers to prove that the email receivers have opted in to the list.
Customers may not provide material support or resources to conceal or disguise the nature, location, source, or ownership of material support or resources to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act.
Customers may not in any activity which is deemed illegal by laws. AwesomeRDP can its discretion deem any activity illegal if it is affecting its service, network, other customers, service providers and / or outsiders due to the action of a customer. This can lead to termination of services.
10.1 The service is provided to Customers for normal, fair, and reasonable use. Bandwidth usage is to be reasonably consistent throughout every month, without irregular bandwidth usage patterns. If the Customer is not using the Service according to this Fair Use Policy, We will suspend the Customer's Service.
10.2 Any rights not expressly granted herein are reserved. Any failure of the Service Provider to assert any rights it may have under this Agreement does not constitute a waiver of the Service Provider's right to assert the same or any other right at any other time or against any other person or entity.
10.3 Discount Coupon and any free upgrade will not be applicable at the same time. The client can choose any one.
10.4 If any provision of this Agreement is found to be invalid or unenforceable, then the invalid or unenforceable provision will be stricken from this Agreement without affecting the validity or enforceability of any other provision.
10.5 The Service Provider may subcontract any work, obligations or other performance required of the Service Provider under this Agreement without consent of the Subscriber.
10.6 No part of this Agreement or in the understanding of the parties confers upon the parties the status of a partnership or joint venture.
10.7 We are not at all responsible for any file stored in our servers. The clients using the servers , they are solely responsible for the files . We are just reselling shared servers. 10.8 Windows VPS and Windows Admin RDP plans are delivered with operating system installed. Any re-installation of the operating system will be charged for $3.5 as custom management fees.
12. DMCA POLICY
AwesomeRDP, is an online service provider under the Digital Millennium Copyright Act (“DMCA”). We respect the rights of copyright holders and follow the efficient notice and takedown procedure as laid down in the Act. All DMCA takedown requests must be e-mailed to firstname.lastname@example.org along with ownership proof / proof of rights holding. The request must also contain the clear details of infringer of rights and contact details of copyright owners / their agents. Once a request is validated, AwesomeRDP would immediately take down such content and could also disable access to the server containing such content. Server owners having lawful rights to such mistakenly removed content can contact email@example.com along with proofs to file their counter notification. Repeated infringers can have their accounts suspended without prior notice.
13. Governing Law and Jurisdiction
The Agreement will be governed by and interpreted in accordance with the laws of India and the parties hereby submit to the exclusive jurisdiction of the Indian courts.
12. Refund Policy:
No refunds will be given for domain registrations and web designs.
Refunds policy is only valid for hosting services. We offer 24 hour moneyback guarantee.
If you are not satisfied with our services and wish to cancel your service, you must submit your cancellation request within first 24 hours once your product is delivered to you. (For some special offers the money-back-guaranteed day may be varied)
All payments will become non-refundable after 24 hours of account activation period. This includes any one time setup fee and subsequent charges regardless of usage.
You can NOT open any dispute to paypal, your card issuer or any other third party. If you do so, your account will be terminated immediately. Your Refund request will be cancelled and No refund will be provided.
24 hours money back guarantee is not applicable for dedicated server, dedicated rdp, basic rdp, domain Registrations & any product like license, upgrade, additional IP, KVM etc. and they are NOT refundable.
Payments for Upgrades, Addons, Setup fees and Domain Registrations are NOT refundable.
We reserves our right to deny a refund request or provide a partial refund.
Any Credit balance in Client's Area is NOT eligible for refund. It can only be used for purchasing services at our website.
Customers signing up for the sole purpose of getting a refund would be classified as people misusing our refund policies. We have found out that people suspended on other hosts for resource abuse/spam etc. signup under the Money back guarantee and try to overload our servers too. This is against the TOS and as below, no refunds will be issued in such cases. Also such people just need a place to dump their data at times and just misuse the refund policy for temporary hosting. We will evaluate if such misuage was done before processing any refunds on all accounts. Accounts found guilty would not be entitled for a refund.
The titles in this Agreement are provided only for convenience and are not to be used in interpreting the Agreement.
The Service Provider reserves the right to change this Agreement at any time without notice.