VPS & Dedicated Server Service Agreement
This Agreement is by and between:
Cambo.Host as the service provider (herein referred to as Cambo.Host) and the subscriber as entered in the order and sign-up page on the Cambo.Host website (herein referred to as The Client)
The parties agree with the following:
This Agreement defines the terms under which Cambo.Host will provide the Client with VPS (Virtual Private Server) or Dedicated Server hosting services herein called the Client’s Server.
The Client’s Server is defined as physical or virtual space within Cambo.Host’s Network Operations Centre(s) and is provided by Cambo.Host-owned computer systems and associated equipment as may be required.
Connection of the Client’s Server to the internet shall be provided using Cambo.Host’s public network connections.
Unless expressly stated in the order form this Agreement does not include additional services such as monitoring, managed services, backup service, managed firewall services and Operating System maintenance.
B. EFFECTIVENESS, TERM AND RENEWAL
- This Agreement shall become effective when the Client purchases a VPS or Dedicated Server package as described on the order form. The agreement will be in effect for the Initial Term selected on the order form and shall renew automatically for one additional term after the expiration of the initial term and each such renewal term.
- This Agreement shall remain in effect until the services provided herein are terminated, changed or cancelled as allowed by the terms and conditions contained herein.
- The Client agrees and understands that Cambo.Host retains the right to remove (delete) the Client’s data from the VPS or dedicated server as allowed by the terms and conditions contained herein.
C. THE CLIENT’S SERVER AND USE RESPONSIBILITIES
- This Clause must be read in conjunction with Cambo.Host’s Acceptable Use Policy (AUP)
- The Client’s Server may provide services to a Client’s customer(s), or the general public, for any legal purpose, provided that:
- The Client’s Server may deliver only those network services specifically disclosed and agreed to herein and in the AUP, and
- The Client’s server shall not under any circumstances be used for the delivery of unsolicited e-mail (spamming) or the spreading of viruses, and
- The Client’s Server shall not exceed the agreed bandwidth limits, or provide services to others which might result in exceeding the agreed bandwidth limits, regardless of whether such usage is in the ordinary course of business or results from any unauthorised hacking or use of the Client’s Server. Should the Client exceed his/her allotted bandwidth for any reason whatsoever, the Client will be billed for the additional bandwidth at the rate and terms defined in the current Cambo.Host price list, and
- The Client’s Server (or Cambo.Host’s network) shall not be used to violate the security of any computer (or) network, crack passwords or security encryption codes or transfer or serve any illegal material(s).
- All services provided by Cambo.Host under this Agreement extend to the Client only and do not extend to any other person, corporation or entity, regardless of their relationship with Client and under no circumstances will Cambo.Host be obliged to support third parties.
- The Client may resell space on the Client’s Server as well as its bandwidth to third parties, provided that the Client does not:
- allow third party to access administration or root accounts
- use such service to provide dial-in or general Internet TCP/IP Access
- provide or divulge login names or passwords, provided to the Client by Cambo.Host, to third parties, and
- allow any such use which is in violation of this Agreement.
- The Client and all third parties accessing or using the Client’s Server shall abide by all of the rules, regulations and policies of Cambo.Host, as well as other networks and computer systems accessed via the Client’s server, whether operated by Cambo.Host, its suppliers or others. If the Client is unsure of those policies, it is the Client’s responsibility to ascertain said policies. The Client agrees to indemnify and hold Cambo.Host harmless from any claims resulting from the Client’s use of the service that damages either the Client or another party or parties.
- The Client’s Server shall not host sites that provide any content, points of distribution, or ‘links’ to sites that:
- Infringe on any third party`s intellectual property or proprietary rights, or rights of publicity or privacy
- Violate any law, statute, ordinance or regulation
- Are defamatory, trade libelous, threatening, unlawfully harassing, abusive, pornographic or obscene
- Contain viruses, Trojan horses, worms, time bombs, cancel-bots, corrupted files, or any other similar software/programs that may damage the operation of a third party`s computer or property
- Contain Proxy, Pirated or Hacking / Phreaking Software (Warez). Moreover, any software that is copyrighted and not freely available for distribution without cost, ROMs, ROM Emulators and Mpeg Layer 3 files (MP3) – all fall under this jurisdiction. This includes Torrent sites or links to Torrent sites
- Sites related or directly providing escort services
- Display/distribute Adult content as well as any erotic or pornographic material, links to adult sites, or advertisements for adult sites
D. CLIENT RESPONSIBILITIES FOR EQUIPMENT, APPLICATIONS AND DATA
- The Client is responsible for the ongoing stability and the operation of the Client’s application and server. Any assistance by Cambo.Host staff may result in additional fees.
- Unless contracted by a separate written Agreement, under no circumstances shall Cambo.Host assume responsibility for the loss of information on the Client’s Server. The Client is responsible for all secure backups of all data on the Client’s Server, and is responsible for rebuilding their environment in the event of loss of this information caused by failure of the server, or by any act, by any party, whether accidental or intentional. The Client has the option of hiring Cambo.Host for restoration of services at an additional fee. The Client is responsible for providing Cambo.Host with a reliable 24-hour contact in order to be notified in the event of a failure or downtime for maintenance.
- The Client shall provide Cambo.Host with a details (including values) of all additional software that is installed or to be installed on the Client’s Server in Cambo.Host’s Network Operations Centre.
- The Client shall fully insure additional software installed on the Client’s server against all risk of loss, including without limitation, theft, fire, water and earthquake damage. The Client is advised to purchase business interruption insurance to protect against lost revenue in case of prolonged disruption of services or catastrophe.
E. PAYMENT AND CHARGES
- The Client is responsible for all fixed and accumulative charges for their account as defined in the current Cambo.Host price list.
- The account setup fee and the first month (30 days) service are charged immediately upon the execution of this Agreement. Once the Client’s Server is installed and operational the thirty (30) day period begins. Thereafter fees for service are billed on a monthly basis. The first such invoice may include appropriate charges or credits to prorate the service period to the end of the month. Incidental support or additional fees will be charged as the service is performed.
- Invoices for services provided under this Agreement are issued and payable in advance for the term of the Agreement. Services provided under this Agreement are subject to suspension for any account that becomes thirty (30) or more days overdue and will be subject to a re-activation fee. Cambo.Host may impose a late charge of $5 USD per month on amounts that are more than thirty (30) days overdue until the entire balance is paid in full.
- Cambo.Host reserves the right to change package pricing and features at any time and agrees to notify the Client at least thirty (30) days in advance of any price changes that affect services provided to the Client under this Agreement.
F. SERVICE GUARANTEES
Cambo.Host guarantees 99.8% network up-time and server stability. This, however, does not refer to problems stemming from:
- Server hardware breakdown;
- User error(s) or purposeful interruption(s) of the user service (e.g. if The Client shuts his/her own server down Cambo.Host is not responsible for the downtime);
- Failure due to software that is not explicitly supported by Cambo.Host.
- A hardware crash that is provoked by the Client.
G. IDENTITY VERIFICATION,
All new clients shall, upon request, provide identity verification consisting of any or all of the following:
- Personal identity document containing a photograph (e.g. passport, driver’s license, health card, etc.)
- A copy of a service or utility account that shows The Client’s name and current address
- An image of the front side of the card being used if paying by credit card
H. REFUNDS & CANCELLATIONS
- By signing up for the services provided under this Agreement you agree that you will be charged for the chosen service and payment will be made via the selected merchant service provider.
- Cambo.Host will utilise this document as evidence of the Client’s agreement to received and pay for the chosen service
- Cambo.Host offers a 7-day money back guarantee. If you are not satisfied with the service provided under this Agreement within 7 days of the commencement date you should contact our Sales Department. The 7 day money back guarantee does not apply for additional services like VPS upgrades, domain registrations/transfers, etc.
- Refunds can only be made back onto the Credit Card or Paypal account used to purchase the account.
- Cambo.Host does not offer pro-rata refunds for cancelled services. The cancelled service will remain active until the end of the current billing period unless the cancellation was due to abuse of the Cambo.Host acceptable use policy.
- Charge-backs are not accepted as a method of securing a refund. If The Client initiates a credit card charge-back in relation to a service that has been delivered under this Agreement the service will be terminated immediately and all evidence indicating a the legitimacy of the transaction and provision of service will be provided by Cambo.Host to the merchant.
I. LIMITATION OF LIABILITY
- Cambo.Host exercises no control whatsoever over the content of the information passing through its network. Cambo.Host makes no warranties of any kind, whether expressed or implied, for the service(s) it is providing. Cambo.Host also disclaims any warranty of merchantability or fitness for a particular purpose. Cambo.Host will not be responsible for any damage you might suffer. This includes the loss of data resulting from delays, non-deliveries, miss-deliveries, or service interruptions caused by its own negligence, omission or your errors or omissions. Use of any information obtained via Cambo.Host’s network is at your own risk. Cambo.Host specifically denies any responsibility for the accuracy or quality of information obtained through its services.
- Cambo.Host’s liability hereunder for any losses or damages suffered by Client or his/her customers with respect to the products and services or any other item under this Agreement, whether direct or indirect, from any cause whatsoever, shall be limited to the amount paid by the Client to Cambo.Host for products and services ordered hereunder for a single billing period only. Cambo.Host shall not be liable for any lost profits or for any claim or demand against the Client by any other party based on any expressed, implied or claimed warranties by Cambo.Host not specifically set forth in this Agreement.
- Cambo.Host cannot be held responsible for the content of pages hosted under our service. Cambo.Host cannot be held liable for any damages or lost profits from copyright infringements or unauthorised content reproduction hosted on our platform as a standalone user domain or as a subdomain under any utility domains that may be in use from time to time. Cambo.Host does not review pages for content before they are posted, and does not verify, endorse or otherwise take responsibility for the contents of any user-created pages. However, we reserve the right to remove any page from our servers which we determine is in violation of our rules and guidelines. Users are solely responsible for all files contained in their own directory, and can be held legally liable for the contents of their web site.
- In no event shall Cambo.Host be liable for consequential damages even if Cambo.Host has been advised of the possibility of such damages.
- No action, regardless of form, arising out of this or any other Service Provider Agreement or transactions contemplated herein or therein, may be brought by the Client after more than one (1) year after the cause of the action has occurred.
- The Client shall indemnify, defend and hold harmless Cambo.Host, its directors, employees and agents from any action brought against them by any third-party in connection with this Agreement, or any other Agreement between The Client and a third-party from any claims resulting from the use of the service by you or any of your customers or others throughout your chain of distribution, including end-users. The Client shall pay all damages and reasonable attorney fees arising as a result of The Client’s use or misuse of any rights granted herein.
- In the event that you provide us any ideas, thoughts, criticisms, suggested improvements or other feedback related to the Services provided (collectively “Feedback”), you agree that we may use the feedback to modify our products and services and that you will not be due any compensation, including any royalty related to the product or service that incorporates your feedback. You grant to us a worldwide, royalty-free, fully paid, perpetual, irrevocable license to use, reproduce, modify, translate, distribute, perform, display, import, sell, offer for sale, make, have made and otherwise exploit the feedback in any form, media, or technology, whether now known or hereafter developed, and to allow others to do the same. This applies no matter what method of communication with us is used.
J. COMPLIANCE WITH LAWS
- The Client shall at all times comply with all applicable laws and regulations of Cambodia and all other governmental entities that govern, restrict or otherwise control use, distribution, export or import of data, products, services and/or technical data that may be used in relation to services provided under this Agreement.
- Cambo.Host’s network may only be used for lawful purposes. Transmission of any material in violation of any Cambodian or other governmental regulation is prohibited. This includes, but is not limited to, copyrighted material, material legally judged to be threatening or obscene, or material protected by trade secret.
- Cambo.Host shall have the right to immediately suspend or terminate services provided under this Agreement during any investigation of potential violations of this Agreement or the Acceptable Use Policy or misrepresentation of the services offered by The Client’s Server, inappropriate use, use of excessive system or network resources which adversely affects the performance, security or reliability of Cambo.Host network, or non-payment of service fees. In the event that Cambo.Host suspends or cancels the service, Cambo.Host will make a reasonable effort to notify the emergency contact supplied by the Client, prior to the actual event.
- Cambo.Host shall have the right to suspend or terminate this Agreement for any other reason by providing the Client with 14 days’ notice by email to the emergency contact supplied by the Client.
- The Client may cancel the Agreement by email notification to email@example.com.
- The Client agrees that Cambo.Host has the right to immediately delete all data, files and other information that is stored on the Client’s server if for any reason either the Client or Cambo.Host cancels this Agreement.
L. MISCELLANEOUS PROVISIONS
- This Agreement is being executed by the Client at the address provided herein and by Cambo.Host in Cambodia and is governed by and shall be interpreted in accordance with the laws of Cambodia.
- If any sentence, paragraph or clause in this Agreement is held by a court or other governmental body of competent jurisdiction to be unenforceable, invalid or illegal then such sentence, paragraph or clause shall be deemed deleted from this Agreement and the remainder of this Agreement shall remain binding on the parties as if such unenforceable, invalid or illegal sentence, paragraph, clause or combination had not been contained herein.
- In the event litigation is required to force compliance with or address any breach of this Agreement the parties agree that the prevailing party shall be entitled to reimbursement of attorneys’ fees and costs actually incurred.
- Nothing in this Agreement is intended to or shall create a partnership or joint venture for tax purposes or otherwise between Cambo.Host and Client. The Client is and shall remain fully and solely responsible for all of its employees and assumes full responsibility for all costs and liabilities incurred in connection with the termination of such employees for any reason whatsoever.
This Agreement shall constitute the entire Agreement between the Client and Cambo.Host pertaining to Client’s Server.
Cambo.Host may, from time to time and without notice, modify this Agreement and any associated fee schedules and will do so by updating the Agreement on Cambo.Host’s website. A modified Agreement that is posted on Cambo.Host’s website shall be effective immediately for all existing and future Clients. Notice of modification to this Agreement may be broadcast via the Cambo.Host website and/or general media outlets however it is the Client’s responsibility to periodically check Cambo.Host’s website for updates of this Agreement.