Terms of service

Accepting the Terms of Service

Please read our Terms of Service, Privacy Policy, and Acceptable Usage Policy before using any VPS, Cloud Dedicated Server, or Dedicated Server services (all collectively with the Site and Panel) provided by  Viasky Network

By using or accessing the Services, you agree to all the terms and conditions of our Terms of Service, Privacy Policy, and Acceptable Usage Policy Agreement;  if you do not agree, you cannot use the Services.

You may not use the Services and/or provide any personal information to Viasky Network if you are under the Minimum Age. The Minimum Age is sixteen (16) years old, or the lower age that your country has provided for you to consent to the processing of your personal data. 

Illegal activities and content

All Services provided by Viasky Network may be used for lawful purposes only. Transmission, storage, or presentation of any information, data, or material in violation of any European Union law, province, or city law is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, or material protected by trade secrets and other statutes. The subscriber agrees to indemnify and hold harmless Viasky Network from any claims resulting from the use of service which damages the subscriber or any other party. Sites that promote any illegal activity or present content that may be damaging to Viasky Network servers or any other server on the Internet are prohibited. Links to such material are also prohibited.

Examples of unacceptable content or links:

• Pirated software
• Hacker programs or archives
• Warez sites
• Hate speech-related activities
• Child, juvenile, animal pornography, and all related activities
• Copyrighted material

NOTICE: If your account is found to contain or link to illegal activities such as described by, but not limited to these Terms of Service, Viasky Network reserves the right to terminate your account without further notice. No refund will be made for pre-paid terms if termination occurs following infringement of these Terms of Service, or if required by law enforcement agencies.

Traffic usage

Some server plans come with a predetermined amount of traffic allowance. Overage charges may apply and can vary from one location to the next. They may also apply at different rates for Virtual Private Servers, Cloud Dedicated Servers, Dedicated Servers, even if they are in the same location. Please contact Sales for further information on those charges.

IRC

We currently do not allow IRC or IRC bots to be operated on our servers.

Server abuse

Any attempt to undermine or cause harm to a server or customer of Viasky Network strictly prohibited. As our customer, you are responsible for all your accounts. Should you violate the Terms of Services outlined within, your account and all associated Services may be terminated without further notice or refund.

Refusal of service

We reserve the right to refuse, cancel or suspend Services, at our sole discretion, if we deem that these terms have been breached.

All sub-networks, distributive hosting sites, and dedicated servers of Viasky Network must adhere to the policies outlined in this Terms of Service.

Billing

By the Account Activation Date of each month, Viasky Network shall either:

(1) debit the client’s credit card (when such information has been provided by the client); or

(2) deliver, by e-mail or regular mail, an invoice in accordance with the applicable Service Fees for Services rendered for the current month.

Invoices are generated 14 days prior to the original Account Activation Date, and payment shall be remitted to Viasky Network by no later than the specified payment due date. Viasky Network shall be entitled to immediately terminate this agreement for the client’s failure to make timely payments. Credit cards can be billed automatically unless a direct request is made to our Billing team via the Client Area (Support – Open Ticket) not to do so, at least 48hours prior to the payment due date. It is the client’s responsibility to ensure that they have sufficient funds to cover all transactions. In the event of payment failure, an automated invoice reminder will continue being sent. It is the customer’s responsibility to provide an alternate payment method before the due date is reached. All late payments may result in account or service suspension.

Service suspension and termination

Invoices are issued 14 days prior to the applicable due date for each active service.

A warning e-mail will be sent after the due date is passed without a payment being received and an invoice being marked as PAID.

Failure to pay within 24 hours will result in an immediate suspension of your service and a suspension notification will be sent via email.

Starting at midnight (GMT+3) of the 3rd day after the due date, unpaid services will be terminated.

Service fees

Certain services carry a setup fee charged by Viasky Network to the client, which must be paid by the client in order to have use of said services. If the client terminates this agreement, the client shall be responsible for any and all outstanding fees owed to Viasky Network and agrees to pay any and all fees incurred by the client. Because the services are provided on a monthly basis, the client will be responsible for service fees incurred each month, regardless of when the client provides notice of termination. Thus, for example, if the client provides notice of termination on the 15th day of a particular month, the client will be responsible for service fees for the entire month, and such fees will not be pro-rated or refunded.

Fraud and payment verification

Upon receiving a new customer’s first paid order, Viasky Network reserves the right to issue an Order Verification e-mail, requesting further information in order to validate your account. Until all required information is provided and deemed satisfactory by our fraud verification team, no services or support can be provided. The 3 business day delivery time starts after the verification step is passed. Verification is not necessary for all orders and may be requested again any time you change your payment method.

Money-back guarantee & refund policy

We offer a 3-day money-back policy for undelivered servers. This does not apply to purchases made with a discount of 10% or more. These purchases are final and non-refundable.

Refunds: If the client has retained the services for longer than one month and has pre-paid Viasky Network for such services, refunds will not be issued for any unused portion of the lease, as your purchase benefits from a long-term rebate. Therefore, if a client’s account is cancelled at any point during a 3 month, 6 month, or one-year term, the client will not be entitled to a refund for the months remaining.

Trial periods

We do not offer trial periods of any kind of Viasky Network services. Abusing our 3-day refund policy in order to test our services then get a refund is not acceptable, and no refunds will be made without proper justification, or failure on Viasky Network behalf to provide the services purchased.

General refund guidelines

We will not refund or credit under the following circumstances:

• Geo-location or mistake in location
• Failing to ask a question on the nature of our services, or a particular spec or configuration.
• Account termination or suspension due to non-following of our Terms of Service.
• Account termination or suspension due to any kind of illegal activity.
• Service termination or suspension due to non-payment, or late payment of any services, licenses, or add-ons attached to said services
• Already given credits
• Changing your mind
• Funds added to the account

We reserve the final decision on refunds, based on the situation and reason for cancellation. The general rule is, if there is an issue on a server, our staff will dedicate themselves to fixing it. Any delays that prevent our customers from using their server will be credited, and issues that we are simply unable to solve will be refunded. It is important to note that refund requests based on information that was included in the terms of service or clearly available on our website will always be refused. 

About datacenter locations

While most of our announced locations are where the datacenters are, Viasky Network reserves the right to setup a server in a location nearby (in the same country), generally just outside of the city boundaries. You may obtain the exact datacenter location upfront by contacting our support team.

Cancellation requests and refunds

We DO NOT refund the partial cost of your services. We require a 7-days notification prior to an invoice’s due date for cancelling a service. No refund can be issued for incomplete billing cycles, even if a cancellation request is issued prior to the 7-days period. Following the 7-days period, the previously generated invoice will have to be paid before issuing a cancellation request. The server will then be cancelled on the following due date.

Refusal of service

We reserve the right to refuse, cancel or suspend service, at our sole discretion.

Refusal of service

Viasky Network shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from Viasky Network servers going off-line or being unavailable for any reason whatsoever. Furthermore, Viasky Network shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any website from one of Viasky Network servers. All damages shall be limited to the immediate termination of service.

Disclaimer

As our hosting services are solely self-managed, the customer is fully responsible for data backup. Viasky Network cannot be held liable for system downtimes, network or hardware failures, or data loss, nor can Viasky Network be held accountable for any loss on projected income due to system downtimes, network or hardware failures, or data loss. Certain services provided by Viasky Network are resold. Thus, certain equipment, routing, software, and programming provided by Viasky Network are not directly owned or written by Viasky Network. Moreover, Viasky Network holds no responsibility for the use of our client accounts. Failure to comply with any terms or conditions may result in the automatic deactivation or termination of the responsible account. We reserve the right to remove any account, without advance notice for any reason without restitution, as Viasky Network sees fit.

Account activation

By activating your account with Viasky Network you agree to the above policies and conditions. Upon requesting activation of an account, you are required to accept these policies, guidelines, and disclaimer, and a copy of your acceptance is forwarded along with your activation request to be maintained with your account information.

NOTICE: If you sign up for an account and fail to comply with these terms, no refunds will be given. We may however advise you by e-mail to taking any action to provide you with an opportunity to resolve the issue, at our own discretion.

Viasky Network reserves the right to amend any or all of the above policies, guidelines, and disclaimer without notification. We also retain the right to increase any pricing and make changes to our account plans without notification. We will not however increase active account plans without reasonable justification, and a 30-day warning will be provided for all such price increases.

Acceptable Usage Policy

As a provider of web site hosting and other Internet-related services, Viasky Network offers its customer (also known as “Subscribers”) and their customers and users the means to acquire and disseminate a wealth of public, private, commercial, and non-commercial information. Viasky Network respects that the Internet provides a forum for free and open discussion and dissemination of information. However, when there are competing interests at issue, Viasky Network reserves the right to take certain preventive or corrective actions. In order to protect these competing interests, Viasky Network has developed an Acceptable Use Policy (“AUP”), which supplements and explains certain terms of each customer’s respective service agreement, and is intended as a guide to the customer’s rights and obligations when using Viasky Network  services. This AUP will be revised from time to time.

One important aspect of the Internet is that no one party owns or controls it. This fact accounts for much of the Internet’s openness and value, but it also places a high premium on the judgment and responsibility of those who use it, both in the information they acquire and in the information they disseminate to others. When subscribers obtain information through the Internet, they must keep in mind that Viasky Network cannot monitor, verify, warrant or vouch for the accuracy and quality of the information they acquire. For this reason, the subscriber must exercise his or her best judgment in relying on information obtained from the Internet, and also should be aware that some material posted on the Internet may be sexually explicit or otherwise offensive. Because Viasky Network cannot monitor or censor the Internet, and will not attempt to do so,Viasky Network cannot accept any responsibility for injury to its subscribers resulting from inaccurate, unsuitable, offensive or illegal Internet communications.

When subscribers disseminate information from the Internet, they must keep in mind that Viasky Network does not review, edit, censor or take responsibility for any information its subscribers may create. When users place information on the Internet, they have the same liability as other authors for copyright infringement, defamation, and other harmful speech. Also, because the information created is carried over Viasky Network network and may reach a large number of people, including both subscribers and non-subscribers of Viasky Network, subscribers’ postings to the Internet may affect other subscribers and may affect Viasky Network goodwill, business, reputation or operations.

For these reasons, subscribers violate Viasky Network policy and the Service Agreement when they, their customers, affiliates, or subsidiaries engage in the following prohibited activities:

• Spamming: Sending unsolicited bulk and/or commercial information over the Internet. It is not only harmful because of its negative impact on consumer attitudes toward Viasky Network, but also because it can overload Viasky Network network and disrupt service to Viasky Network subscribers. Also, maintaining an open SMTP relay is prohibited. When a complaint is received, Viasky Network will investigate and shut down the account that is SPAMing. A $250 charge for violating this policy will be charged to the person initiating the SPAM. Furthermore, Viasky Network reserves the right to prosecute for this violation. A $1.00 charge will be assessed PER EMAIL sent should Viasky Network choose to pursue and prosecute.
• Adult-Oriented Content: Viasky Network requires to be notified may you wish to provide adult content, whether it be images, video, games, audio, or software. Your intent to do so must be stated prior to, or at the time of purchase. Failure to comply may result in your account being suspended/terminated without notice.
• Obscene Speech or Materials: Using Viasky Network network to advertise, transmit, store, post, display, or otherwise make available child pornography or obscene speech or material is prohibited. Viasky Network is required by law to notify law enforcement agencies when it becomes aware of the presence of child pornography on or being transmitted through its network.
• Defamatory or Abusive Language: Using Viasky Network network as a means to transmit or post negative, defamatory, harassing, abusive or threatening language.
• Forging of Headers: Forging or misrepresenting message headers, whether in whole or in part, to mask the originator of the message.
• Illegal or Unauthorized Access to Other Computers or Networks: Accessing, illegally or without authorization, computers, accounts or networks belonging to another party, or attempting to penetrate security measures of another individual’s system (often known as “hacking”). Also, any activity that may be used as a precursor to an attempted system penetration (i.e., port scan, stealth scan or other information-gathering activity).
• Distribution of Internet Viruses, Worms, Trojan Horses or Other Destructive Activities: Distributing information regarding the creation of and sending Internet viruses, worms, Trojan horses, pinging, flooding, mail bombing or denial of service attacks. Also, activities that disrupt the use of or interfere with the ability of others to effectively use the network or any connected network, system, service or equipment.
• Facilitation a Violation of this AUP: Advertising, transmitting or otherwise making available any software, program, product or service that is designed to violate this AUP, which includes the facilitation of the means to spam, initiation of pinging, flooding, mail bombing, denial of service attacks and piracy of software.
• Export Control Violations: Violating local export control laws for software or technical information over the Internet or otherwise.
• Usenet Groups: Viasky Network reserves the right not to accept postings from newsgroups where we have actual knowledge that the content of the newsgroup violates the AUP.
• Other Illegal Activities: Engaging in activities that are determined to be illegal, including, but not limited to, advertising, transmitting or otherwise making available ponzi schemes, pyramid schemes, fraudulently charging credit cards and pirating software.
• Other Activities: Engaging in activities, whether lawful or unlawful, that Viasky Network determines to be harmful to its subscribers, operations, reputation, goodwill or customer relations.

 

As we have pointed out, the responsibility for avoiding harmful activities just described rests primarily with the subscriber. Viasky Network will not, as an ordinary practice, monitor the communications of its subscribers to ensure that they comply with Viasky Network policy or applicable law. However, when Viasky Network becomes aware of harmful activities, it may take any action to stop the harmful activity, including, but not limited to, removal of information, shutting down a website, implementing screening software designed to block offending transmissions, denying access to the Internet, or any other action deemed appropriate by Viasky Network.

Viasky Network is also aware that many of its subscribers are themselves providers of Internet services, and that information reaching Viasky Network facilities from those subscribers may have originated from a customer of the subscriber or from another third party. Viasky Network does not require its subscribers who offer Internet services to monitor or censor transmissions or websites created by customers of its subscribers. Viasky Network reserves the right to directly take action against a customer of its subscribers. Also, Viasky Network may take action against the Viasky Network subscriber because of activities of a customer of the subscriber, even though the action may affect other customers of the subscriber. Similarly, Viasky Network anticipates that subscribers who offer Internet services will cooperate with Viasky Network in any corrective or preventive action that Viasky Network deems necessary. Failure to cooperate with such corrective or preventive measures is a violation of Viasky Network policy.

Viasky Network will not intentionally monitor private electronic mail messages sent or receive by its subscribers, unless required to do so by law, governmental authority or when public safety is at stake. Viasky Network may, however, monitor its service electronically to determine that its facilities are operating satisfactorily. Also, Viasky Network may disclose information, including, but not limited to, information concerning a subscriber, a transmission made using our network, or a website, in order to comply with a court order, subpoena, summons, discovery request, warrant, statute, regulation or governmental request. Viasky Network assumes not obligation to inform the subscriber that subscriber information has been provided and, in some cases, may be prohibited by law from giving such notice. Finally, Viasky Network may disclose subscriber information or information transmitted over its network where necessary to protect Viasky Network and others from harm, or where such disclosure is necessary to the proper operation of the system. However, Viasky Network will never sell information to other services or outside companies.

Viasky Network expects that its subscribers who provide Internet services to others will comply fully with all applicable laws concerning the privacy of online communications. A subscriber’s failure to comply with those laws will violate Viasky Network policy. Finally, Viasky Network wishes to emphasize that, in signing the Service Agreement, subscribers indemnify Viasky Network for any violation of the Service Agreement, law or Viasky Network policy resulting in loss to Viasky Network or the bringing of any claim against Viasky Network by any third party. This means that, if Viasky Network is sued because of a subscriber’s or customer of a subscriber’s activity, the subscriber will be responsible for payment of any damages awarded against Viasky Network, plus costs and reasonable attorney’s fees.

We hope this AUP is helpful in clarifying the obligations of Internet users, including Viasky Network and its subscribers, as responsible members of the Internet. Any complaints about a subscriber’s violation of this AUP should be sent to info@viasky.co

Privacy Policy

This Privacy Policy governs the manner in which Viasky Network collects, uses, maintains and discloses information collected from users (each, a “User”) of the viasky.co website (“Site”). This privacy policy applies to the Site and all products and services offered by Viasky Network.

 

Personal identification information

We may collect personal identification information from Users in a variety of ways, including, but not limited to, when Users visit our site, place an order, fill out a form, and in connection with other activities, services, features or resources we make available on our Site.

Collected Information

• Account creation: When you register an account, we will ask you your name, email address, mailing address, phone number, and business name.
• Payment method: When you add your financial account information to your Account, that information is directed to our third-party payment processor. We do not store your financial account information on our systems; however, we have access to, and may retain, Users information through our third-party payment processor.
• Verification system: When you pay with a credit card for the first time, we will ask you pictures of the card and your ID if your credit card doesn’t support 3D Secure.
• Communications: When you contact us by email or ticket, we may receive additional information that you chose to provide (name, email address, phone number, the content of the email or ticket, including its attachments.)  

Users may visit our Site anonymously. We will collect personal identification information from Users only if they voluntarily submit such information to us. Users may always refuse to supply personal identification information, but it may prevent them from engaging in certain Site related activities.

 

Non-personal identification information

We may collect non-personal identification information about Users whenever they interact with our Site. Non-personal identification information may include but is not limited to the Users’ browser name, the type of computer and IP address, as well as technical information about Users’ means of connection to our Site, such as the operating system and the Internet service providers utilized.

 

Web browser cookies

Our Site may use “cookies” to enhance our Users’ experience. Here is a brief explanation on cookies and their uses:

What are cookies? A cookie is a small file stored on your device when you visit a website. It allows the website to recognise the user and may be used to collect information automatically.

What kind of cookies do we use?

• Necessary: These cookies are essential to browse our websites. They allow us to provide you with a shopping cart, track transactions, shape traffic and distribute our content.
• Functional: These cookies allow our website to remember your preferences when browsing such as the currency displayed.
• Performance: These cookies help us optimize our websites by anonymously tracking network metrics.
• Advertising: These cookies are used to track your behavior on our websites: the pages you visited, the path you took, how long you stayed on our websites. These information are all collected anonymously.

Are we using third-party cookies? We are using the following third-party cookies on our website: Cloudflare, Google and Stripe.

How can users opt-out? Users may choose to set their web browser to refuse cookies, or to receive an alert when cookies are being sent. Please note that by doing so, some parts of the Site may not function properly.

 

How we use collected information

Viasky Network may collect and use Users personal information for the following purposes:

·  To provide and operate our services.

·  To analyse and improve our services.

·  Process your payments.

·  To send text messages.

·  To find and prevent frauds.

·  To suggest services relevant to your interests.

·  To send emails regarding orders, billing, customer services and for promotional and marketing purposes.

 

How we protect your information

We adopt appropriate data collection, storage and processing practices and security measures to protect against unauthorized access, alteration, disclosure or destruction of your personal information, username, password, transaction information and data stored on our Site. Sensitive and private data exchange between the Site and its Users happens over a SSL secured communication channel and is encrypted and protected with digital signatures.

 

Sharing your personal information

We do not sell, trade, or rent Users’ personal identification information to others. We may share generic aggregated demographic information not linked to any personal identification information regarding visitors and users with our business partners, trusted affiliates and advertisers for the purposes outlined above.

 

General Data Protection Regulation (GDPR)

If you are a resident of the European Union, you have the following rights under the GDPR:

• If you wish to access, export or delete your personal information, you may request it at any time directly in your Client Area
• If you wish to correct, update or restrict your personal information, you may request it by ticket in Client Area.
• If you do not wish to receive our newsletters or other marketing emails, you may do so by clicking the “Unsubscribe” button at the bottom of the emails we send you.
• If we have collected personal information with your consent, you have the right to withdraw your consent at any time. The withdrawal of consent will not affect the lawfulness of processing based on consent before its withdrawal.

 

Changes to this privacy policy

Viasky Network reserves the right to update this privacy policy at any time. When we do so, we will revise the Last revision date at the top of this page. We encourage Users to frequently check this page for any changes in order to stay informed about how we are helping to protect the personal information we collect. You acknowledge and agree that it is your responsibility to review this privacy policy periodically and keep aware of modifications.

 

Your acceptance of these terms

By using this Site, you signify your acceptance of this policy and our Terms of Service. If you do not agree to this policy, please do not use our Site. Your continued use of the Site following the posting of changes to this policy will be deemed your acceptance of those changes.

 

Contacting us

If you have any questions about this Privacy Policy, the practices of this site, or your dealings with this site, please contact us at:

info@viasky.co