LucidVPS Terms of Service

Acceptable Usage Policy

This Acceptable Use Policy applies to all persons and entities (collectively, "customers") using the products and services of LucidVPS including Internet service. The policy is designed to protect the security, integrity, reliability, and privacy of both the LucidVPS network and the products and services LucidVPS offers to its customers. LucidVPS reserves the right to modify this policy at any time, effective immediately upon posting of the modification.

Your use of LucidVPS products and services constitutes your acceptance of the Acceptable Use Policy in effect at the time of your use. You are solely responsible for any and all acts and omissions that occur during or relating to your use of the service, and you agree not to engage in any unacceptable use of the service.

What Uses are Prohibited?

Unacceptable use includes, but is not limited to, any of the following:

1. Posting, transmission, re-transmission, or storing material on or through any of LucidVPS 's products or services, if in the sole judgment of LucidVPS such posting, transmission, re-transmission or storage is: (a) in violation of any local, state, federal, or non-United States law or regulation (including rights protected by copyright, trade secret, patent or other intellectual property or similar laws or regulations); (b) threatening or abusive; (c) obscene; (d) indecent; or (e) defamatory. Each customer shall be responsible for determining what laws or regulations are applicable to his or her use of the products and services.

2. Installation or distribution of "pirated" or other software products that are not appropriately licensed for use by customer.

3. Deceptive marketing practices.

4. Actions that restrict or inhibit anyone - whether a customer of LucidVPS or otherwise - in his or her use or enjoyment of LucidVPS 's products and services, or that generate excessive network traffic through the use of automated or manual routines that are not related to ordinary personal or business use of Internet services.

5. Introduction of malicious programs into the LucidVPS network or servers or other products and services of LucidVPS (e.g., viruses, trojan horses and worms).

6. Causing or attempting to cause security breaches or disruptions of Internet communications. Examples of security breaches include but are not limited to accessing data of which the customer is not an intended recipient, or logging into a server or account that the customer is not expressly authorized to access. Examples of disruptions include but are not limited to port scans, flood pings, packet spoofing and forged routing information. This also includes no IRC on the network.

7. Executing any form of network monitoring that will intercept data not intended for the customer.

8. Circumventing user authentication or security of any host, network or account.

9. Interfering with or denying service to any user other than the customer's host (e.g., denial of service attack).

10. Using any program/script/command, or sending messages of any kind, designed to interfere with, or to disable a user's terminal session.

11. Failing to comply with LucidVPS 's procedures relating to the activities of customers on Cogent-owned facilities.

12. Furnishing false or incorrect data on the order form contract (electronic or paper) including fraudulent use of credit card numbers or attempting to circumvent or alter the processes or procedures to measure time, bandwidth utilization or other methods to document "use" of LucidVPS 's products or services.

13. Sending unsolicited mail messages, including the sending of "junk mail" or other advertising material to individuals who did not specifically request such material, who were not previous customers of the customer or with whom the customer does not have an existing business relationship (e.g., E-mail "spam").

14. Harassment, whether through language, frequency, or size of messages.

15. Unauthorized use or forging of mail header information.

16. Solicitations of mail or any other E-mail address other than that of the poster's account or service, with the intent to harass or collect replies.

17. Creating or forwarding "chain letters" or other "pyramid schemes" of any type.

18. Use of unsolicited E-mail originating from within the Cogent network or networks of other Internet Service Providers on behalf of or to advertise any service hosted by LucidVPS or connected via the LucidVPS network.

19. Exporting, re-exporting, or permitting downloads of any content in violation of the export or import laws of the United States or without all required approvals, licenses and exemptions.

No failure or delay in exercising or enforcing this policy shall constitute a waiver of the policy or of any other right or remedy. If any provision of this policy is deemed unenforceable due to law or change in law, such a provision shall be disregarded and the balance of the policy shall remain in effect.

Abusable Resources

Upon notification of the existence of an abusable resource (e.g., open news server, unsecured mail relay, or smurf amplifier), the customer shall immediately take all necessary steps to avoid any further abuse of such resource. Any abuse of an open resource that occurs after the customer has received such notification shall be considered a violation of this policy and enforced as such.

If you are unsure of whether any contemplated use or action is permitted, please contact LucidVPS at abuse@LucidVPS.com

If any of our subnets become blacklisted because of abuse please be advised there will be a $800 penalty applied and hourly rates of $140/hour for us to work on delisting this.

Account activation

Unmanaged VPS servers are activated within 30 min. in most cases however at times we may need up to 1-2 hours to activate the service. Dedicated servers are activated within 4-5 hours if we have the requested hardware in stock. If you require a custom setup we may need more time to deliver it from our vendor.

We do not accept payments from unverified PayPal accounts!

Dedicated Server IP address allocation

IP addresses are assigned as per ARIN policy. 5 IP addresses are included with each dedicated server free of charge. Additional IP addresses are $32 /mo per /28 IP allocation, $64 /mo per /27 IP allocation and $128 /mo per /26 IP allocation. Maximum 122 useable IPs allocated per dedicated server. All IP addresses remain the property of the data center used by LucidVPS, 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 LucidVPS policies.

VPS IP address allocation

IP addresses are assigned as per ARIN policy. Up to 1 ip addresses are included with each virtual private server free of charge. Additional IP addresses are $2 /mo per IP. Up to maximum 5 IP addresses allocated per VPS server.

Zero tolerance SPAM policy

We have a zero tolerance against SPAM. Accounts used to send SPAM will be suspended immediately. If the SPAM sending is repeated the account will be removed from our server. We do not allow bulk mailing from our shared servers. LucidVPS offers a separate service if you need to send thousands of e-mails. Purchased mail lists, opt-in lists will be considered SPAM. LucidVPS reserves the right to charge a clean up fee the Customer who sent unsolicited e-mail which caused the IP of our server to be blacklisted for sending SPAM.

Cancellation

All cancellation requests must be submitted 72 hours (3 days) before your payment is due. If you dont happen to submit it within 72 hours (3 days) your service wont be cancelled and you will have to pay next months invoice. Note: If you have a reason for not making the 72 hours (3 days) please email sales[@]LucidVPS.com with your reason and it will be looked into.

Payment Policy

All invoices are generated seven (7) days prior to the due date with a reminder 2 days before the payment is due. One(1) day after due day we will send you first overdue reminder, two (2) days after due day we will send you 2nd overdue reminder, three days after due day we will send you the last overdue reminder and also we will suspend your account. After three (3) overdue days of not receiving payment, there will be a late fee of 15% added to your invoice. If you dont make the payment after third overdue, your service will be terminated. We will keep your server seven (7) days after overdue date, after that the server will be automatically wiped. If you want us to restore it after it was terminated because of non-payment, and we have a backup of the terminated account you will have to pay $25 one-time fee plus all the renewal fees. We do not guarantee we will have a backup of your account after it was terminated!

We may change the terms of service at any time without notification. The customer needs to check this document regularly for changes.

Questions?

If you are unsure of whether any contemplated use or action is permitted, please contact LucidVPS at info@LucidVPS.com

LucidVPS


Email: sales@LucidVPS.com

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