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AIMVM is a privately held, limited company located at New Zealand. Need the best server backed with great support team? Come to us!
AimVM.com (“The Company”) agrees to furnish services to the Subscriber, subject to the following TOS (Terms of Service).
Use of AimVM Service constitutes acceptance and agreement to AimVM AUP as well as AimVM TOS (Terms of Service).
All provisions of this contract are subject to the TOS (Terms of Service) of AimVM, Limited and AUP (Acceptable Use Policy). The AUP may be changed from time to time at the discretion of the Company. Subscriber understands that change to the AUP by the Company shall not be grounds for early contract termination or non-payment.
Disclosure to Law Enforcement: The AUP specifically prohibits the use of our service for illegal activities. Therefore, Subscriber agrees that the Company may disclose any and all subscriber information including assigned IP numbers, account history, account use, etc. to any law enforcement agent who makes a written request without further consent or notification to the Subscriber. In addition AimVM shall have the right to terminate all service set forth in this Agreement.
Payments and Fees: Service will be interrupted on accounts that reach 5 days past due. Service interrupted for non-payment is subject to a $10 reconnect charge (individual hosting accounts). Accounts not paid by due date are subject to a $10.00 late fee. Accounts that are not collectable by AimVM may be turned over to an outside collection agency for collection. If your account is turned over for collection, you agree to pay the company a “Processing and Collection” Fee of not less than $50 nor more than $150. If you desire to cancel your account, please follow the proper procedure to do this as outlined in this TOS. If a cancelled account is reinstated and requires a restore from backups, a $25 fee will apply. Any credit card chargebacks placed on payments made to AimVM will incur a $25.00 penalty.
Failure to Pay: The Company may temporarily deny service or terminate this Agreement upon the failure of Subscriber to pay charges when due. Such termination or denial will not relieve Subscriber of responsibility for the payment of all accrued charges, plus reasonable interest and any collection fees.
Legal Threats & Professional Behaviour: Please behave in a reasonable manner towards AimVM, Limited employees. Any unreasonable threats, either personal or against the company will receive a warning for breach of these conditions. Personal abuse towards AimVM, Limited employees or legal threats against the company are viewed as extremely serious. AimVM, Limited reserves the right to refuse to do business with a person or company as a result and possibly terminate any accounts in question.
Account Transfers: Our team will make every effort to help you move your site to us. However, we only provide free migration assistance for cPanel to cPanel transfers. Please contact our Sales Department to get more details on migration.
To maintain the stability of our servers, we will not restore cPanel backups larger than 5 GB of size on our shared servers.
Account Cancellation: All requests for cancelling accounts must be made via our client portal at https://billing.aimvm.com/clientarea.php
Subscriber acknowledges that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of the company and that damages resulting from any interruption of service are difficult to ascertain. Therefore, subscriber agrees that the company shall not be liable for any damages arising from such causes beyond the direct and exclusive control of the company. Subscriber further acknowledges that the company’s liability for its own negligence may not in any event exceed an amount equivalent to charges payable by subscriber for services during the period damages occurred. In no event shall the company be liable for any special or consequential damages, loss or injury.
Money Back Guarantee: 30 Day money back guarantee will only be offered under our shared and VPS plans. Refunds will not be given to accounts that have been cancelled or suspended due to abuse of our services based on our terms of service and acceptable use policy. Money back due to lower than 99.9% of up time will be provided on all packages except for domain names. Amount due back is calculated by taking the percentage of downtime over .1% divided by 99.9% multiplied by the amount paid for services that month. No refunds will be given on domain names, SSL certificates, dedicated servers and dedicated IPs. Refunds will only be given when the refund request is received within 30 days of the creation of the account being cancelled. Money back guarantee only applies to new accounts and does not apply to account upgrades.
Guarantees for Dedicated Servers: We offer a 100% power and network uptime guarantee. Customer can receive a pro-rated credit for the amount of time network/power is not available to the server over the days in the given month (percentage of downtime multiplied by the amount paid for that month). To receive credit, please contact support by emailing support.at.AimVM.com. It may take up to 3-5 business days to process any credits. As server hardware can fail, there is not a 100% guarantee on hardware or software. However we guarantee replacement of faulty hardware within 24 hours of recognition of the specific issue. Any downtime past the 24 hours hardware replacement SLA will be credited to the account in a similar manner as the power/network uptime guarantee.
SPAM and Unsolicited Commercial E-mail (UCE): AimVM takes a zero tolerance approach to the sending of Unsolicited Commercial E-mail (UCE) or SPAM over our network. Very simply this means that customers of AimVM may not use or permit others to use our network to transact in UCE. Customers of AimVM may not host, or permit hosting of, sites or information that is advertised by UCE from other networks. Violations of this policy carry severe penalties, including termination of service.
Violation of AimVM SPAM policy will result in severe penalties. Upon notification of an alleged violation of our SPAM policy, AimVM will initiate an immediate investigation (within 48 hours of notification). During the investigation, AimVM may restrict customer access to the network to prevent further violations. If a customer is found to be in violation of our SPAM policy, AimVM may, at its sole discretion, restrict, suspend or terminate customer’s account. Further, AimVM reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. AimVM will notify law enforcement officials if the violation is believed to be a criminal offence.
First violations of this policy will result in an “Administrative Fee” of $25 and your account will be reviewed for possible immediate termination. A second violation will result in an immediate termination of your account.
As our resellers are ultimately responsible for the actions of their clients over the AimVM network, it is advisable that resellers develop a similar, or stricter, policy for their clients.
Examples of unacceptable material on all Shared servers include:
System and Network Security: Users are prohibited from violating or attempting to violate the security of the AimVM Network. Violations of system or network security may result in civil or criminal liability. AimVM will investigate occurrences, which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations. These violations include, without limitation:
Accessing data not intended for such User or logging into a server or account, which such User is not authorized to access.
Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization.
Attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, “flooding”, “mail bombing” or “crashing”.
Forging any TCP/IP packet header or any part of the header information in any e-mail or forum posting.
Taking any action in order to obtain services to which such User is not entitled.
Backups and Backup Access: Customer acknowledges that individual site backups are the responsibility of the customer. AimVM keeps overall system snapshots in case of full system recovery and may not be able to provide you with on-demand recovery in case of individual file corruption or accidental deletion.
Suspension of Service or Cancellation: AimVM reserves the right to suspend network access to any customer if in the judgment of the AimVM network administrators the customer’s server is the source or target of the violation of any of the other terms of the AUP or for any other reason which AimVM chooses. If inappropriate activity is detected, all accounts of the Customer in question will be deactivated until an investigation is complete. We offer a 30 day money back providing we failed to provide you with the service as outlined for each individual hosting plan. Prior notification to the Customer is not assured. In extreme cases, law enforcement will be contacted regarding the activity. The customer will not be credited for the time the customer’s machines were suspended.
Right to refuse service: AimVM reserves the right to refuse service to any customer at any time within reasonable means/requests.
Miscellaneous Provisions: You must provide us with, and keep current, good contact information for you. E-mail, fax, and telephone contacts are used, in that order of preference. This information can be kept up to date at our billing panel.
A waiver by the Company of any breach of any provision of this Agreement by Subscriber shall not operate as or be construed as a continuing or subsequent waiver thereof or as a waiver of any breach of any other provision thereof. No chat software/scripts are to be used on our servers unless approved by management.
Subscriber shall not transfer or assign this Agreement without the prior written consent of the Company. Company may assign Agreement at anytime without consent from or notice to Subscriber. Company reserves right to cancel customers rights under this contract at anytime without further obligation.
AimVM takes no responsibility for any material input by others and not posted to the AimVM Network by AimVM. AimVM is not responsible for the content of any other websites linked to the AimVM Network; links are provided as Internet navigation tools only. AimVM disclaims any responsibility for any such inappropriate use and any liability to any person or party for any other person or party’s violation of this policy.
Disclaimer of Warranties: SUBSCRIBER ACKNOWLEDGES THAT THE SERVICES ARE PROVIDED “AS IS, AS AVAILABLE” WITHOUT ANY WARRANTY OF ANY KIND. COMPANY HEREBY DISCLAIMS ALL WARRANTIES (EXPRESS, IMPLIED AND STATUTORY), INCLUDING WITHOUT LIMITATION, ALL WARRANTIES (A) WITH RESPECT TO THE SERVICES (INCLUDING WITHOUT LIMITATION THEIR QUALITY, AVAILABILITY, PERFORMANCE, FUNCTIONALITY AND COMPATIBILITY WITH ANY OTHER SERVICE OR PRODUCT), (B) WITH RESPECT TO THE QUALITY OR ACCURACY OF ANY INFORMATION OBTAINED FROM OR AVAILABLE THROUGH USE OF THE SERVICES, (C) THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, (D) OF NON-INFRINGEMENT, (E) OF MERCHANTABILITY AND (F) OF FITNESS FOR A PARTICULAR PURPOSE. NO ADVICE OR INFORMATION GIVEN BY COMPANY OR COMPANY’S REPRESENTATIVES SHALL CREATE A WARRANTY.
Limitation of Liability: COMPANY SHALL NOT BE LIABLE FOR NONPERFORMANCE OR DELAY IN PERFORMANCE OF THE SERVICES CAUSED BY ANY REASON, WHETHER WITHIN OR OUTSIDE OF ITS CONTROL. IN NO EVENT SHALL COMPANY BE LIABLE UNDER CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY FOR ANY DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF USE, LOST PROFITS, LOSS OF DATA OR INFORMATION CONTAINED IN SUBSCRIBER’S WEBSITE OR OTHERWISE, OR LOSS OF GOODWILL OR OPPORTUNITY) WHETHER OR NOT COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES. COMPANY SHALL NOT BE LIABLE FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY. COMPANY’S ENTIRE LIABILITY AND SUBSCRIBER’S EXCLUSIVE REMEDY IS THE CANCELLATION OF SUBSCRIBER’S ACCOUNT. IN NO EVENT SHALL COMPANY’S LIABILITY TO SUBSCRIBER EXCEED THE GREATER OF FIFTY DOLLARS ($50.00) OR ANY AMOUNTS ACTUALLY PAID BY SUBSCRIBER TO COMPANY FOR THE SERVICES IN DISPUTE DURING THE ONE YEAR PRECEDING THE CLAIM. NO ACTION, REGARDLESS OF FORM, ARISING FROM, BASED ON OR RELATED TO THIS AGREEMENT OR THE PROVISION OF THE SERVICES MAY BE BROUGHT BY SUBSCRIBER MORE THAN ONE YEAR AFTER THE EVENT WHICH GIVES RISE TO THE APPLICABLE CAUSE OF ACTION. SUBSCRIBER’S RIGHTS MAY VARY FROM STATE TO STATE, AND SOME JURISDICTIONS DO NOT ALLOW A LIMITATION ON LIABILITY DAMAGES AS CONTAINED IN THIS AGREEMENT. IN SUCH JURISDICTIONS, COMPANY’S LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
Responsibility for Content: You, as AimVM customer, are solely responsible for the content stored on and served by your AimVM server.
At AIMVM we focus on providing best in class Virtual Private Servers at an affordable price. Even though we are new, we have a 24/7 Technical Support Team whom you can contact 24/7/365. We have our servers in Industry leading Data centers to make sure that your server and sites are online 24/7.
with every order
These guys do a great job. Keep up the good work AIMVM team. www.marghotels.comAisten Correya
When choosing a hosting provider, I’m looking for fast, knowledgeable support and reliable systems. aimvm.com provided it all at a great price. www.tranzmedia.inTranzmedia