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Terms of Service

MyServerPlanet Ltd allows customers to use all of their resources they have subscribed to when they purchase from us, if your application becomes too intensive for our servers, we might limit the amount you can use, if you believe your application could become/is resource intensive then please submit a support ticket so we can deal with your request and find the best solution for you.

1. Service Abuse

MyServerPlanet Ltd. prohibits sites and servers engaged in illegal activities including, but not limited to, storing and/or distributing illegal copies of copyrighted software, warez sites, violations of copyrights and trademarks, violations of United Kingdom's laws, and selling and/or distributing illegal contraband.

MyServerPlanet Ltd. further prohibits internet abuse including, but not limited to, spamming (mass unsolicited emailing), distribution of mass emailing programs, cross-posting unsolicited messages to a large number of online groups, posting obscene or inflammatory messages, threatening other Internet users, mail bombing Internet users, and running packet sniffers or port scanners. If a blacklist occurs when using our services you are subject to £250 removal fee.

If an account engages in abuse of service, it will be subject to MyServerPlanet Ltd.'s policy violation procedure outlined in.

2. Policy Violation

Should a policy violation occur, MyServerPlanet Ltd. reserves the right to terminate the account without notice and without any refunds. The client in violation will be held responsible for any damages to MyServerPlanet Ltd., including but not limited to, MyServerPlanet Ltd.'s system, servers, connectivity, reputation, business, service, network, operations, or equipment. MyServerPlanet Ltd. reserves the right to assess fees on the client of an amount approximately equal to the cost associated with repairing any and all damages done, up to £500.

3. Data Loss and Backups

The client is responsible for keeping all data backups on a remote system (not on MyServerPlanet Ltd. equipment or servers). MyServerPlanet Ltd. is not responsible for any lost files, information, or data. The client acknowledges that hardware is mechanical and that, by nature, mechanical hardware is prone to failure. MyServerPlanet Ltd. offers backup services and, if so subscribed, daily and weekly backups are performed on a best-effort basis. Should an event occur in which MyServerPlanet Ltd.'s backup script was unable to complete the backup and restoring of a backup is requested or otherwise required, MyServerPlanet Ltd. holds no responsibility.

4. Server Management

The client understands that server management occurs as queued tasks. MyServerPlanet Ltd. holds no responsibility should a server be hacked, exploited, cracked, or in any other way become damaged due to client or 3rd party actions. MyServerPlanet Ltd. reserves the right to decline management services should the client, client's staff, or any person(s) the client has allowed access to the server, disrupt proper server functioning. This policy includes all software and configuration files residing on said server.

5. Technical Support

MyServerPlanet Ltd.'s technical support team is ready to assist 24 hours a day, 7 days a week, 365 days a year

By purchasing from MyServerPlanet Ltd, you agree to the risk of hardware failures and or, RAID 0 configurations unless otherwise stated.

4. Fair use Policy / Dedicated core policy.

MyServerPlanet Ltd states a "fair share" CPU, IO, and network port usage policy for VPS, sheared, Resellers and Dedicated servers. "Fair usage" is defined as "normal and acceptable usage throughout online connectivity duration with significant usage spikes in rare to seldom occurrence".

MyServerPlanet Ltd will have the final say to what is fair usage once upon our network, if your VPS, sheared, Resellers and Dedicated servers reaches a point where the service starts to, slow, time out or crash at any time MyServerPlanet Ltd will ask you to upgrade to a dedicated solution, or suspend your account.

MyServerPlanet offers dedicated cores for your application, this means that the portion of the processor is rightfully yours to be used in conjunction with this terms of service. We will however, as these are virtualised machines intervene if the host node starts slowing to a halt, crashing and or failing because you are using too many resources. We will submit a ticket to your account asking you to upgrade your plan to fit your application.

The host node's are all KVM technology, meaning that the resources you have paid for are 100% yours, and not on the same kernel level such as openvz platform

Unlimited bandwidth / All you can eat

MyServerPlanet Ltd promotes 'all you can eat / Unlimited bandwidth packages with most accounts, however with every unlimited package, there needs to be a small clause that'll protect us in the event of bandwidth explosions, over usage, or miss-use.

All our packages that advertise unlimited / all you can eat have a data transfer cap of 10TB per month of usage, going over this can lead to account suspension / cap in resources while using our services, If you go over the data cap limit once we will politely inform you that you have exceeded this amount (10TB) bandwidth for the month, the options would be to either upgrade your account to a fully dedicated solution or take 10Mbit cap for the remainder of your term with us. If a second offence happens, we will suspend and issue £125 + VAT invoice for your over usage of bandwidth, which will need to be paid before you're account gets reactivated by us.

5. Payment Policy

Client acknowledges that certain services may require setup fees prior to activation. It is MyServerPlanet Ltd.'s responsibility to make the client aware of a setup fee, if one exists, for any particular service.

Full payment is required before any MyServerPlanet Ltd.-provided hosting service is rendered.

MyServerPlanet Ltd. accepts PayPal (www.paypal.com) and BrainTree (https://www.braintreepayments.com/)

Once an order is successfully submitted, the client is subject to MyServerPlanet Ltd.'s refund policy.

Our Credit Card provider bills with monthly subscriptions, based on a token system, this means that each month your account will be debited until you request cancellation with our billing panel, once this has been completed automatic billing will stop on your account.

MyServerPlanet Ltd, it is entirely on the customers, (your) own responsibility to make sure you request cancellation of your service in our billing panel, found by navigating to MyServerPlanet's Client Area -> then Services > then Request Cancellation.

Cancellation of a product is only when we receive your request through our billing panel.

MyServerPlanet Ltd will use legal force to collect debt that is owed to us, such as but not limited to, service bills, remote hands payments, late fees and removal of equipment fees, MyServerPlanet Ltd will apply a £125 + VAT fee to your invoice if we need to remove your equipment from site. MyServerPlanet Ltd will use a debt collection agency to act on our behalf to recover any debt that you've occurred during the time your invoice hasn't been satisfied with us.

6. Additional Features

Additional features can be added at any time at the client's request.

The cost for additional features is non-refundable regardless of whether the service was used. The 7-day cancellation period outlined in Section 12 applies to all Additional Features that may be active on any given account.

Additional services will be activated when payment is received.

IP address usage is not refundable under any circumstances

7. Renewal and Billing Schedule

The client has 10 days to remit payment to MyServerPlanet Ltd. after the first email notification of an upcoming renewal is sent to the billing contact. Accounts receive notification of an upcoming renewal 10 days prior to the due date as well as the day prior to the due date.

The 10 days' advance notice serves as a grace period. If payment is not received by the due date, the account is considered to be in default and at risk of service interruption.

No services will be rendered by MyServerPlanet Ltd. if payment is not received by the due date and MyServerPlanet Ltd. reserves the right to refuse future requests for service from a client based on frequent or repeated delinquent payments.

Should an extension be required, please contact the billing department prior to the due date and a best-effort attempt to come to an agreeable set of payment terms will be made. Any agreements made are subject to client standing and are not guaranteed.

MyServerPlanet Ltd. reserves the right to disconnect client's services if payment is not received by the due date specified on any particular invoice.

Any portion of fees owed by client that remain unpaid on the 3rd day after the due date will be subject to interest of 1.5% per month, or the maximum permitted by law, whichever is less.

MyServerPlanet Ltd. reserves the right to suspend services on the 4th day after the due date for which client has outstanding unpaid invoices. A reactivation fee of £25 will be assessed for any services that have been suspended for non-payment and require reactivation.

If an account was cancelled due to policy violation, MyServerPlanet Ltd. reserves the right to refuse to reactivate the account.

MyServerPlanet Ltd. reserves the right to change prices at any time on month-to-month services. Month-to-month means that a contract has not been entered into and those terms are subject to change for any and all future billing periods. MyServerPlanet Ltd. will make a best-effort attempt to offer longer term contracts to new clients or future clients, based on client standing.

All monetary transactions will occur in GBP British pounds unless otherwise stated in the terms of a previously agreed-upon contract.

MyServerPlanet Ltd is a VAT registered company with VAT number GB201737441 - VAT is payable per all EU residence per local rate, in all 28 member states, MyServerPlanet Ltd has a right to verify all orders in accordance with UK/EU Law, this is normally two identification documents that you must provide which are:

An utility bill

A Photographic identification such as driving license, passport or citizen card

A house hold bill

MyServerPlanet Ltd has a right to collect this information and provide this to HMRC MOSS system.

MyServerPlanet Ltd will disclose all fraud with the appropriate authorities if we detect anything.

8. Refund Policy

All refunds are at the sole discretion of MyServerPlanet Ltd., including fees associated with primary services, additional features, and any/all setup fees previous assessed.

No refunds for dedicated servers will be given to any client at any given time. Refunds for dedicated servers are prohibited. Dedicated server sales are non-refundable and not covered by the 3 day money back offer that MyServerPlanet Ltd offers on all other services.

Licenses and add-ons brought from MyServerPlanet Ltd are non-refundable, you may cancel your service at any time without licensing and add-ons refunded.

9. Cancellation

MyServerPlanet Ltd. reserves the right to terminate service at any time. If an account is terminated for a policy violation there will be no refund.

If a dispute or charge back is brought on MyServerPlanet Ltd, we reserve the right to cancel each and every service taken via MyServerPlanet Ltd.

Customers can cancel service at any time within their contract limitations. Cancellation requests should be sent via email or through the portal. Only "primary" authorized contacts/individuals will be authorized to cancel an account.

If the client requests cancellation, their account will be terminated immediately unless they specifically state they wish the account to be cancelled at the end of the current billing cycle or at a future date. If the client specifies immediate account termination or fails to define when the account should be cancelled, MyServerPlanet Ltd. reserves the right to terminate service without notice.

Cancellation notice from the client must be received at least 7 days prior to scheduled service renewal date. If service is cancelled with less than 7 days remaining before scheduled service renewal, the service will renew for 1 additional month automatically.

Cancellation requests emailed to MyServerPlanet Ltd. should be submitted to the billing department via https://myserverplanet.com/clientarea.php or email at info@MyServerPlanet.com.

Refund policies (Section 8) strictly apply to all cancelled accounts.

If an account is cancelled due to non-payment, MyServerPlanet Ltd. reserves the right to delete contents without notice and re-provision the server.

Client accounts inactive for 30 or more days may be required to create a new account in order to have future services rendered.

10. Indemnification

The client agrees to defend, indemnify, and hold harmless MyServerPlanet Ltd. against any liabilities arising out of defective products sold to customers from MyServerPlanet Ltd. servers, personal injury or property damage caused by products or services sold or distributed from MyServerPlanet Ltd. servers, any material that infringes or allegedly infringes on the rights of a third party available from MyServerPlanet Ltd. servers, and any material that libels or allegedly libels a third party available from MyServerPlanet Ltd. servers. Client agrees to indemnify MyServerPlanet Ltd. against any legal fees, fines, levies, or charges derived from any circumstance related to the client's account.

11. Colocation services

The customer accepts full responsibility for the delivery and collection of their equipment to the data centre, and shall ensure that it reaches us in working condition. MyServerPlanet does not accept any liability for any loss or damage caused in transit to and from the data centre. When the server is delivered, the packaging it is delivered in will be disposed of.

The customer shall not be entitled to collect their server for maintenance or otherwise unless all unpaid fees for the Services are paid in full prior to such collection.

The customer must be 100% paid and up to date with billing history to be able to collect the device from our facility.

Where the Services are terminated, MyServerPlanet will store the customer's equipment without charge for 7 days but recommend it is collected as soon as practicable. If the equipment is stored beyond this period, there will be a storage charge of £11 per week per item of equipment.

MyServerPlanet reserves the right to exercise a lien over the customer’s server(s) in respect of any unpaid fees and shall be entitled, but not obliged, to sell the server(s) if it is not collected after one (1) month from the termination date in order to recoup any unpaid fees. MyServerPlanet reserves the right to dispose of any of the customer’s equipment, without any liability to the customer, which has not been collected from the MyServerPlanet premises after one (1) month from the termination date.

MyServerPlanet does not allow access to the racking environment, MyServerPlanet Ltd will de-rack your device for you, and place it in the build room that is available to access 24x7 through your key fob given to you when you join our colocation service, the build room is 100% free of charge to use while using MyServerPlanet services.

MyServerPlanet bills on the 1st of the month each month for colocation and leased services through us, which means you have 30 days to remit payment through our secure online billing portal, please see section section 7 for more information.

The customer of MyServerPlanet ltd must understand that colocation is a self managed service, of which means we only make sure that the network and the device is online and accessible to the world, which means that MyServerPlanet Ltd won't intervene with your machine at all, which means in the event of hardware failure, MyServerPlanet won't be responsible for your equipment that you've colocated with us. It's entirely on the customer to provide backups and spares for there own equipment.

Customers agree that if MyServerPlanet Ltd needs to intervene with customers own hardware to do any of the following;

Replace hard drives.

Replace mother boards.

Add additional hardware.

Installing and configuring operating systems, of which are subject to charge at £40 + vat.

After initial setup of hardware, configure system for clients usage.

Will be subject to MyServerPlanet's remote hands fees, which are priced at £125/hour plus vat, billed in 15 minute increments.

12. IP Policy

MyServerPlanet Ltd offers additionals IPv4 addresses at a nominal cost to our clients. Due to the rapid exhaustion and shortage of IP addresses, VPS accounts are limited to a total of (5) IP addresses. If you require more IPs with proper ARIN justification, we can upgrade you to a dedicated server or you may purchase an additional VPS. All IP address usage must be in compliance with ARIN justification rules.

MyServerPlanet Ltd assigns allocations to customers in good faith and in accordance to RIPE NCC guidance and regulations. Any misconduct is without MyServerPlanet Ltd's knowledge and without MyServerPlanet Ltd's consent. Therefore MyServerPlanet Ltd is not liable for any misconduct of its customers.

MyServerPlanet Ltd offers RIPE NCC IPv4 allocations, which means that we can lease/announce IP's for you. Please make sure you read the RIPE NCC terms of services and MyServerPlanet Ltd's. Additionally, you agree to adhere to these terms of services outlined below;

MyServerPlanet Ltd has the right to terminate the service with you at any time, we will contact the data centre that you've routed our ranges to "de-announce" all IP space.

MyServerPlanet Ltd prohibits spamming activities on our IP ranges, any spam sent from IP ranges will result in immediate termination of services with MyServerPlanet Ltd and NO refunds will be given.

MyServerPlanet Ltd prohibits the hosting and routing of any illegal activity that might utilise or pass through our IP ranges, such as but not limited to;

Torrent Directories and Trackers linking to copyrighted content are strictly forbidden.

Illegal activities are strictly forbidden.

Denial of Service attacks are strictly forbidden.

Tor entry, relay and exit nodes are strictly forbidden.

Any account found in violation of these terms of services will be terminated without notice and no refunds.

Customers who take IP allocation from MyServerPlanet Ltd must adhere to MyServerPlanet's cancellation policy, set-forth in these terms and conditions.

Customers must give notice to MyServerPlanet Ltd 30 days before you wish to cancel your IP allocations, if cancellation is received one day before renewal, you will automatically renew for an additional month (IE you will have to pay for another month.)

Upon cancellation, should the address space of the customer in question contain black listed IP addresses MyServerPlanet Ltd may charge a cleanup fee of at least but not limited to £250, plus VAT if applicable, for each black listed IP address. The Spamhaus zen.spamhaus.org blacklist shall be used to indicate whether an IP address is to be considered blacklisted or not.

During ordering our IP allocation, you will be asked for identification and justification for IP block's that you require, this is subject but not limited to the following;

Your companies house registration certification/or EU company registration document all customers will need to be verified before IP allocations can be used.

Your passport and/or driving license.

A company utility bill to prove ownership of address.

MyServerPlanet Ltd has a right to refuse services to any customer who fails to provide when asked for identification.

Unfortunately, we are unable to accept PO boxes as proof of address for your company.

Customers are required to use common sense when they are in doubt if an activity is acceptable, MyServerPlanet Ltd has the right to terminate services if customers show a repeated lack of common sense, while using our services.

13. Network Address Translation VPS

MyServerPlanet Ltd, offers Network Address Translation VPS services along with their catalogue of offering, MyServerPlanet Ltd must stress that this is a NON-SLA service and a non-managed service that you would be buying, MyServerPlanet Ltd offers a very limited support coverage on these products, MyServerPlanet Ltd, does not offer an uptime guarantee with this service, MyServerPlanet Ltd offers no money back guarantee at all with this service that will be provided to you.

MyServerPlanet Ltd offers little to no support with this product. However you can submit a ticket at our billing panel

MyServerPlanet Ltd offers a NO-SLA service.

MyServerPlanet Ltd offers NO refunds on this service.

MyServerPlanet Ltd does not make backups of your VPS, this is not MyServerPlanet Ltd's responsibility

MyServerPlanet Ltd ensured a clean and safe environment for our customers who use our NAT VPS, MyServerPlanet Ltd will suspend all customers who have abused the VPS in a way;

Spamming (including search engine spam, doorways, form spamming, etc.)

Mass mailing of any type (including double opt-in)

DoS or other attacks (either outgoing or incoming)

Hacking (including situations when your VPS was hacked)

Distribution of malware/viruses - with or without knowledge

Port scanning, Brute force attempts etc.

Copyrighted content/mp3/movies/cracked software or links to such content

Torrents (Clients, Trackers or Indexers)

Nested virtualization (running Qemu, etc)

Traffic Exchanges (Hitleap/AutoSurf/etc)

Card Sharing Applications

High IO/CPU Usage Macros Scripts

@home Software (Seti, Hentai etc due to heavy I/O Usage)

Data mining (due to heavy I/O usage)

Open Proxies (Web etc due to High Abuse Rates)

TOR entry nodes, relays and exit nodes (ie. TOR is not allowed in ANY way)

14. Clients responsibility

The client accepts the fact that hardware issues and downtime do occur, and not within our control, IE we cannot tell you before that they'll be downtime on your services that you have rendered with us.

The client accepts that staff abuse to our employees is not acceptable in any way or form, this is subject, but not limited to;

Swearing in tickets or on the telephone to our employees.

Typing in capital letters while using our ticketing system.

The client is responsible, when speaking to our staff members, to use a professional manner each time you contact us.

The client acknowledges that excessive ticket bumping within our online system is considered abuse of services, MyServerPlanet quickly tries to resolve all issues that come in, please make sure you await a timely manner before issues are resolved.

The client accepts that if disputes are brought on to our payment processors that support and services will stop entirely, subject to MyServerPlanet's cancellation policy in section 9 of this document, MyServerPlanet ltd uses many upstreams to power your services, if at any time hardware fails due to client, we won't be held responsible, such as but not limited to;

The client fails to pay invoice on time, subject to our cancellation process outlined in section 9.

The clients machine is down, due to upstream providers, such as network, hardware, support, MyServerPlanet uses many upstreams to make sure your service is 100% available around the clock, however errors within hardware can fail at any time, MyServerPlanet will not be responsible for upstream providers failures and mistakes when using our services.

15. Support

MyServerPlanet Ltd offers managed and unmanaged services. For managed services we will provide at our best effort to accommodate your request within reason. All managed services require cPanel/WHM to be installed on the server as well as a valid cPanel/WHM License.

For our unmanaged clients our support is limited to hardware and network issues. Any support that is not related to a network or hardware issue will be subject to a fee of £125.00/hour billed in 15 minute increments.

16. Managed Services

MyServerPlanet Ltd offers managed services, all service requests must be put in our secure online billing panel, otherwise requests won't be actioned on, MyServerPlanet's managed services come with RAID 0 by default, unless otherwise stated, all servers come with brand new hardware installed upon while provisioning them, however it is advised that customers back up there services on a regular basis..

17. Disclaimer

MyServerPlanet Ltd. is not responsible for any damages to any client's business. MyServerPlanet Ltd. makes no warranties or guarantees of any kind, expressed or implied, for services provided. Use of MyServerPlanet Ltd.'s service is at the client's sole risk. MyServerPlanet Ltd. will provide every effort in good faith to ensure that its services are available to as many Internet users as possible with minimal service interruptions. Under no circumstances will MyServerPlanet Ltd. be liable for any claims resulting from the use or inability to use MyServerPlanet Ltd's services including, but not limited to, service interruptions, client errors, Internet connectivity problems, miscommunications, unauthorized access to MyServerPlanet Ltd. servers, DNS caching, Internet bandwidth congestion, power failures, vandalism, or natural disasters.

Our mailing address, MyServerPlanet Ltd, 2/3 STANLEY COURT, Milton Keynes, MK46 5NH, Great Britain

18. Policy Revisions

MyServerPlanet Ltd. reserves the right to revise its policies at any time.