Terms of Service

Users and customers of Services provided by LeafVPS must accept the terms and conditions of business set out below.


This agreement (“Agreement”) between LeapVPS (“LeapVPS ”) and the Customer ("Customer") which this agreement governs the provision of LeapVPS and related services (the “Services”). This Agreement is effective the instant Customer (a) signs up for Services through any of LeapVPS’ websites or (b) establishes an account with LeapVPS or uses the Services or any part thereof (“Effective Date”). LeapVPS may revise this Agreement and will have an effective date of 30 (thirty) days after any new terms or revisions have been put in place before it applies to Customer. LeapVPS will in its best efforts attempt to notify the customer of any minor changes, and will notify customer with any major changes.

Services.

LeapVPS will provide Customer with what they signed up for within their order according to the fees indicated to the Customer before LeapVPS billed Customer. Customer also understands that unless LeapVPS is running a promotion, LeapVPS will not discount their price or provide anything more or less than what the customer signed up for without Customer upgrading their plan by a LeapVPS customer service representative. The payment term the customer selects while ordering is the effective term of this agreement.

Term.

The initial service term of the Agreement shall begin on the date that LeafVPS generates an e-mail message to Customer announcing the activation of the Customer's account (the "Service Commencement Date") and shall continue for the number of months stated in the Order (the "Initial Term"). Upon expiration of the Initial Term, this Agreement shall automatically renew for up to three successive renewal terms of the same length as the Initial Term (each a "Renewal Term") unless LeafVPS or Customer provides the other with written notice of non-renewal at least Seven (7) days prior to the expiration of the Initial Term or then-current Renewal Term, as applicable. The Initial Term and any Renewal Term may be referred to collectively in this Agreement as the "Term."

Payments.

Fees are payable in advance from three (3) days prior to the beginning of, to the first day of a new billing cycle. Customer's billing cycle shall be monthly as indicated on the Order, beginning on the Service Commencement Date. LeafVPS may require payment for the first billing cycle before beginning service. If the Order provides for credit/debit card billing, Customer authorizes LeafVPS to bill subsequent fees to the credit/debit card up to 3 days prior to, on or after the first day of each successive billing cycle during the Term of this Agreement; otherwise LeafVPS will invoice Customer via electronic mail to the Primary Customer Contact listed on the Order. Invoiced fees will be issued fifteen (15) days prior to the 1st day of each billing cycle, and the fees shall be due on the first day of the new billing cycle.


Payments must be made in United States dollars. Customer is responsible for providing LeafVPS with changes to billing information (such as credit card expiration, change in billing address) At its option, LeafVPS may accrue charges to be made to a credit/debit card until such charges exceed $10.00. LeafVPS may suspend the service without notice if payment for the service is overdue. Fees not disputed within thirty (30) days of due date are conclusively deemed accurate. Customer agrees to pay LeafVPS's reasonable reinstatement fee following a suspension of service for non-payment, and to pay LeafVPS's reasonable costs of collection of overdue amounts, including collection agency fees, attorney fees and court costs.

Fee Increases.

LeafVPS may increase its fees for services effective the first day of a Renewal Term by giving notice to Customer of the new fees at least forty five (45) days prior to the beginning of the Renewal Term, and if Customer does not give a notice of non-renewal as provided in Section 2 above, the Customer shall be deemed to have accepted the new fee for that Renewal Term and any subsequent Renewal Terms (unless the fees are increased in the same manner for a subsequent Renewal Term).

Law/AUP.

Customer agrees to use the service in compliance with applicable law and LeafVPS's Acceptable Usage Policy posted at http://www.LeafVPS.com/aup.html (the "AUP"), which is hereby incorporated by reference in this Agreement. Customer agrees that LeafVPS may, in its reasonable commercial judgment consistent with industry standards, amend the AUP from time to time to further detail or describe reasonable restrictions and conditions on Customer's use of the Services. Amendments to the AUP are effective on the earlier of LeafVPS's notice to Customer that an amendment has been made, or the first day of any Renewal Term that begins subsequent to the amendment. Customer agrees to cooperate with LeafVPS's reasonable investigation of any suspected violation of the AUP. In the event of a dispute between LeafVPS and Customer regarding the interpretation of the AUP, LeafVPS's commercially reasonable interpretation of the AUP shall govern.

Customer Information.

Customer represents and warrants to LeafVPS that the information he, she or it has provided and will provide to LeafVPS for purposes of establishing and maintaining the service is accurate. If Customer is an individual, Customer represents and warrants to LeafVPS that he or she is at least 18 years of age. LeafVPS may rely on the instructions of the person listed as the Primary Customer Contact on the Order with regard to Customer's account until Customer has provided a written notice changing the Primary Customer Contact.

Indemnification.

Customer agrees to indemnify and hold harmless LeafVPS, LeafVPS's affiliates, and each of their respective officers, directors, agents, and employees from and against any and all claims, demands, liabilities, obligations, losses, damages, penalties, fines, punitive damages, amounts in interest, expenses and disbursements of any kind and nature whatsoever (including reasonable attorneys fees) brought by a third party under any theory of legal liability arising out of or related to the actual or alleged use of Customer's services in violation of applicable law or the AUP by Customer or any person using Customer's log on information, regardless of whether such person has been authorized to use the services by Customer.

Disclaimer of Warranties.

LeafVPS DOES NOT WARRANT OR REPRESENT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE. TO THE EXTENT PERMITTED BY APPLICABLE LAW LeafVPS DISCLAIMS ANY AND ALL WARRANTIES INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. TO THE EXTENT PERMITTED BY APPLICABLE LAW, ALL SERVICES ARE PROVIDED ON AN "AS IS" BASIS.

Limitation of Damages.

NEITHER PARTY SHALL BE LIABLE TO THE OTHER FOR ANY LOST PROFITS, OR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE LOSS OR DAMAGE OF ANY KIND, OR FOR DAMAGES THAT COULD HAVE BEEN AVOIDED BY THE USE OF REASONABLE DILIGENCE, ARISING IN CONNECTION WITH THE AGREEMENT, EVEN IF THE PARTY HAS BEEN ADVISED OR SHOULD BE AWARE OF THE POSSIBILIY OF SUCH DAMAGES.

NOTWITHSTANDING ANYTHING ELSE IN THE AGREEMENT TO THE CONTRARY, THE MAXIMUM AGGREGATE LIABILITY OF LeafVPS AND ANY OF ITS EMPLOYEES, AGENTS OR AFFILIATES, UNDER ANY THEORY OF LAW (INCLUDING BREACH OF CONTRACT, TORT, STRICT LIABILITY, AND INFRINGEMENT) SHALL BE A PAYMENT OF MONEY NOT TO EXCEED THE AMOUNT PAYABLE BY CUSTOMER FOR THREE MONTHS OF SERVICE.

Suspension/Termination.

  1. Suspension of Service.

    Customer agrees that LeafVPS may suspend services to Customer without notice and without liability if: (i) LeafVPS reasonably believes that the services are being used in violation of the AUP; (ii) Customer fails to cooperate with any reasonable investigation of any suspected violation of the AUP; (iii) LeafVPS reasonably believes that the suspension of service is necessary to protect its network or its other customers, or (iv) as requested by a law enforcement or regulatory agency. Customer shall pay LeafVPS's reasonable reinstatement fee if service is reinstituted following a suspension of service under this subsection. It remains the sole discretion of LeafVPS if an account is eligible for reinstatement.

  2. Termination.

    The Agreement may be terminated by Customer prior to the expiration of the Initial Term or any Renewal Term without further notice and without liability if LeafVPS fails in a material way to provide the service in accordance with the terms of the Agreement and does not cure the failure within ten (10) days of Customer's written notice describing the failure in reasonable detail. The Agreement may be terminated by LeafVPS prior to the expiration of the Initial Term or any Renewal Term without further notice and without liability as follows: (i) upon ten (10) days notice if Customer is overdue on the payment of any amount due under the Agreement; (ii) Customer materially violates any other provision of the Agreement, including the AUP, and fails to cure the violation within thirty (30) days of a written notice from LeafVPS describing the violation in reasonable detail; (iii) upon one (1) days notice if Customer's Service is used in violation of a material term of the AUP more than once, or (iv) upon one (1) days notice if Customer violates Section 5 (Customer Information) of this Agreement. Either party may terminate this agreement upon ten (10) days advance notice if the other party admits insolvency, makes an assignment for the benefit of its creditors, files for bankruptcy or similar protection, is unable to pay debts as they become due, has a trustee or receiver appointed over all or a substantial portion of its assets, or enters into an agreement for the extension or readjustment of all or substantially all of its obligations.

Cancellations and Money Back Guarantee.

  1. Cancellations.

    Customer is free to cancel their account at any time by logging into their control panel and canceling under their service page. Similarly, LeafVPS reserves the right to cancel any account at any time, for any reason, including, but not limited to, a breach of this Agreement or the AUP.

    Dedicated server customers are required to submit service cancellations requests at least 30 days prior to its next monthly billing cycle.


  2. Money Back Guarantee.

    LeapVPS offers 3 day money back satisfaction guarantee. If under the circumstances the customer is not happy with our services, LeapVPS agrees to provide a full refund of the service, excluding any setup fee's, control panel fees, and/or control panel addon fees. Customer may not modify their cancellation reasoning after it has been provided the first time. This policy is void if (a) customer shows signs of knowing they will cancel within 3 days (b) customer signs up for the purpose of canceling (c) customer has no record or signs of dissatisfaction in the LeapVPS helpdesk (d) If customer has multiple services, or has had service in the past. Customer needs to cancel their account via http://my.leapvps.com and specify for immediate cancellation. After doing so, open a ticket with the billing department requesting a refund. Note that all control panel and licensing addons are non-refundable.

    No refund will be honored on Dedicated servers, the 3 day money back guarantee does not apply.

    Accounts purchased under a promotion, with or without a promo code, are excluded from the 3 day money back guarantee.

    Any funds sent to LeapVPS which are in excess of the amount owed can only be reimbursed in credit and cannot be refunded.

Requests for Customer Information.

Customer agrees that LeafVPS may, without notice to Customer, (i) report to the appropriate authorities any conduct by Customer or any of Customer's customers or end users that LeafVPS believes violates applicable law, and (ii) provide any information that it has about Customer or any of its customers or end users in response to a formal or informal request from a law enforcement or regulatory agency or in response to a formal request in a civil action that on its face meets the requirements for such a request.

Back Up and Data Loss.

  1. LeafVPS is not responsible for maintaining or creating backups of client data in any form. You, the customer, understand that you alone are responsible for creating, maintaining and restoring your own backups of your data.

  2. You, the customer, agree that LeafVPS is not responsible in any capacity, shape, method or form for ensuring your data is backed up or stored correctly. While LeafVPS will strive to maintain your data in its correct form you agree that you can not and will not hold LeafVPS responsible for any data loss, corruption or loss of backups and understand that storage on our services is provided without a warranty of any kind.

Changes to the LeafVPS Network.

Upgrades and other changes in LeafVPS's network, including, but not limited to changes in its software, hardware, and service providers, may affect the display or operation of Customer's hosted content and/or applications. LeafVPS reserves the right to change its network in its commercially reasonable discretion, and LeafVPS shall not be liable for any resulting harm to Customer.

Notices.

Notices to LeafVPS under the Agreement shall be given via electronic mail to the e-mail address posted for customer support on http://www.LeafVPS.com. Notices to Customer shall be given via electronic mail to the individual listed as the Primary Customer Contact on the Order. Notices are deemed received on the day transmitted, or if that day is not a business day, on the first business day following the day delivered. Customer may change his, her or its notice address by a notice given in accordance with this Section.

Force Majeure.

LeafVPS shall not be in default of any obligation under the Agreement if the failure to perform the obligation is due to any event beyond LeafVPS's control, including, without limitation, significant failure of a portion of the power grid, significant failure of the Internet, natural disaster, war, riot, insurrection, epidemic, strikes or other organized labor action, terrorist activity, or other events of a magnitude or type for which precautions are not generally taken in the industry.

Miscellaneous.

Each party acknowledges and agrees that the other party retains exclusive ownership and rights in its trademarks, service marks, trade secrets, inventions, copyrights, and other intellectual property. Neither party may use the other party's name or trade mark without the other party's prior written consent. The parties intend for their relationship to be that of independent contractors and not a partnership, joint venture, or employer/employee. Neither party will represent itself to be agent of the other. Each party acknowledges that it has no power or authority to bind the other on any agreement and that it will not represent to any person that it has such power or authority. This Agreement may be amended only by a formal written agreement signed by both parties. The terms on Customer's purchase order or other business forms are not binding on LeafVPS unless they are expressly incorporated into a formal written agreement signed by both parties. A party's failure or delay in enforcing any provision of the Agreement will not be deemed a waiver of that party's rights with respect to that provision or any other provision of the Agreement. A party's waiver of any of its right under the Agreement is not a waiver of any of its other rights with respect to a prior, contemporaneous or future occurrence, whether similar in nature or not. The captions in the Agreement are not part of the Agreement, but are for the convenience of the parties. The following provisions will survive expiration or termination of the Agreement: Fees, indemnity obligations, provisions limiting liability and disclaiming warranties, provisions regarding ownership of intellectual property, these miscellaneous provisions, and other provisions that by their nature are intended to survive termination of the Agreement. There are no third party beneficiaries to the Agreement. Neither insurers nor the customers of resellers are third party beneficiaries to the Agreement. Customer may not transfer the Agreement without LeafVPS's prior written consent. LeafVPS's approval for assignment is contingent on the assignee meeting LeafVPS's credit approval criteria. LeafVPS may assign the Agreement in whole or in part.

Right to Refusal With Out Cause

LeafVPS may refuse to accept any customer or any website for participation in the LeafVPS hosting network as determined by LeafVPS at its sole discretion.

Late Fees

LATE FEES: HOSTING & SERVERS

OTHER FEES

This Agreement together with the Order and AUP constitutes the complete and exclusive agreement between the parties regarding its subject matter and supersedes and replaces any prior understanding or communication, written or oral.