1. Additional Agreements - by subscribing to any NETFIRMS® VPS service YOU agree to abide by all terms and conditions in the NETFIRMS® General Service Agreement. For greater certainty, on subscription to this service, this Terms of Service becomes appended to the NETFIRMS® General Service Agreement as an appendix. YOU additionally agree to abide by all terms and conditions in any relevant top-level domain name registry agreement pertaining to any domain YOU host on your VPS, domain WHOIS™ data-masking service agreement (if applicable), and any other agreement(s) ancillary thereto, regardless of whether NETFIRMS® is a party to those other agreements and whether NETFIRMS® provides those agreements or services to YOU.

2. Service - NETFIRMS® will provide YOU with a VPS plan to host domains, publish web sites, and administer server services. NETFIRMS® will also provide YOU a control panel to log into, along with a login identification and initial password, to control and administer YOUR VPS. This login identification and initial password will be sent only to the registered e-mail account YOU provide to NETFIRMS®.

3. VPS Plan Variance - NETFIRMS® reserves all rights to vary all VPS plans for any reason, from time-to-time, including availability, price, discontinuance, substitution, upgrade, repair, and replacement. Where NETFIRMS® determines a VPS plan is to be varied, NETFIRMS® will give YOU notice by e-mail at YOUR registered e-mail address. Such notice will include instructions outlining actions required by YOU, if any, and information on how that variance may affect YOUR server. NETFIRMS® bears no liability for any damage, howsoever caused, resulting from variance of any VPS plan.

4. E-commerce - YOU explicitly acknowledge and affirm NETFIRMS® has no connection, financial interest, endorsement, obligation, duty, or liability to, and with, any electronic commerce transactions YOU transact through any VPS service YOU have acquired through NETFIRMS® YOU further explicitly acknowledge YOU are solely liable for any and all authenticity, customer satisfaction, complaints, security, and legitimacy of goods and services transacted through YOUR VPS, and NETFIRMS® bears no liability in connection with same. For greater certainty, YOU agree to fully indemnify and hold NETFIRMS® harmless from and against, and to reimburse NETFIRMS® with respect to, any and all loss of every nature incurred by NETFIRMS® arising out of any complaints or grievances in connection with any and all customer satisfaction, complaints, security, authenticity, and legitimacy of goods and services transacted through YOUR VPS.

5. Bandwidth - bandwidth usage is limited monthly to an amount stated (in terms of traffic per month) at http://www.netfirms.com/vps/compare-plans/ for each VPS plan. Excess usage within any one month may disrupt YOUR VPS service until that month's end. Where usage exceeds the allotted amount on 2 (two) or more occasions, YOUR VPS service will be suspended indefinitely, pending YOUR upgrading of YOUR VPS service to a VPS plan with greater bandwidth allotment.

6. Software Installation - YOU are solely responsible for all third party software you install onto YOUR VPS service account, including obtaining proper, and where applicable, fully paid third party licences. Failure to obtain proper third party licences, or installing of pirated, counterfeit, or hacked third party software onto YOUR VPS service account constitutes a breach of this Terms of Service.

7. Installation Support - NETFIRMS® is obligated to provide technical and installation support only for software initially provided to your VPS service account by NETFIRMS®. NETFIRMS® has no obligation to support any other third party software installed onto your VPS service account, and maintains no responsibility or liability for any damage caused by any third party software technical or installation support offered or provided by NETFIRMS® if any.

8. Interruptions - in subscribing to this service YOU understand and agree that from time to time, VPS service may be temporarily interrupted for any reason, including a) periodic maintenance or repairs by NETFIRMS® b) interruption of telecommunication or digital transmission links; c) hostile network attacks; d) network congestion; e) equipment malfunction; and f) migration of servers by NETFIRMS® among others. YOU further understand and agree that if such interruption requires reassignment of your dedicated Internet protocol (IP) address, such reassignment is not within the control of NETFIRMS®.

9. Disclaimer - NETFIRMS® does not warrant or represent that a single dedicated IP address will be consistently assigned to YOU, as VPS service interruption may necessarily result in assignment of a new dedicated IP address to YOU. In an instance where your dedicated IP address changes, NETFIRMS® will give YOU notice by e-mail at YOUR registered e-mail address. Such notice will include instructions outlining actions required by YOU, if any, and information on how YOUR changed dedicated IP address may affect YOUR server. NETFIRMS® bears no liability or responsibility for any damage, howsoever caused, resulting from variance of YOUR dedicated IP address, or resulting from service interruption from any cause.

10. Passwords and security - it is solely YOUR responsibility to maintain security and confidentiality of your login identification(s) and password(s). NETFIRMS® assumes no responsibility or liability for any security breach to YOUR account, based on correct login identification and password data. It is solely YOUR responsibility to change YOUR password from time-to-time, selecting secure and difficult-to-crack passwords. NETFIRMS® reserves a right to conduct forensic examination of YOUR VPS in an event YOUR VPS security is compromised. NETFIRMS® cannot and does not recover root passwords for YOUR VPS on YOUR behalf.

11. Backups - YOU are solely responsible for undertaking measures to prevent and mitigate any loss or damage to content stored on YOUR VPS service account, including maintaining independent archival and backup copies of YOUR content. YOU are responsible for ensuring security, confidentiality, and integrity of YOUR archives and backups.

12. Support Limitation - NETFIRMS® provides various "how to" videos and tools to manage YOUR VPS product. Some of these videos and tools, when used properly, may result in resetting of YOUR VPS instance, rebooting YOUR VPS, or data loss in another form. YOU are solely responsible for ensuring YOUR use of such videos and tools under proper circumstances and conditions so as to prevent unwanted data loss, resetting, and rebooting. NETFIRMS® bears no liability or responsibility for any damage, howsoever caused, resulting from YOUR use of these "how to" videos and tools.

13. Objectionable content - in subscribing to this service YOU agree not to post, store, link to, or publish any objectionable content, as solely determined by NETFIRMS® in connection with YOUR VPS, including any:

1. pornography or pornographic-like text, image, audio and video;
2. defamatory, abusive, or inflammatory text, image, audio and video;
3. unauthorized or unlicensed third-party owned text, image, audio, and video;
4. malware, crack, hack, virus, packet flooding scripts, and the like;
5. third-party web site spoof or imitation;
6. chain e-mail, unsolicited e-mail, spam e-mail, and the like foul, offensive, or inflammatory words or language in any part of YOUR uniform resource locator (URL) address;
7. peer-to-peer facility or connection, excepting open-source software distribution;
8. text, image, audio, or video resulting in an any administrative burden to NETFIRMS™ and
9. pirated, hacked, counterfeit, or unlicensed third party software.

14. Termination - NETFIRMS® may forthwith terminate this service from YOUR service account for any of the following reasons: a) termination under section 13 of the NETFIRMS® General Service Agreement; b) breach of any term or condition in the NETFIRMS® General Service Agreement; and c) contravention or breach of any term herein. YOU may, upon notice to NETFIRMS® in accordance with section 12 of the NETFIRMS® General Service Agreement, terminate this service at any time. Termination results in full deletion and destruction of YOUR VPS account forthwith. Prior to termination YOU are responsible for transferring and managing any files, data, scripts, and services stored on YOUR VPS. Once VPS service is terminated, NETFIRMS® will not transfer or manage any files, data, scripts, and services in YOUR VPS account for YOU.

15. Refunds - any refund resulting from service termination is limited to our 90-day money back guarantee for the first 90 days after initial sign-up. There is no refund of any kind where NETFIRMS® terminates this service in accordance with section 10 herein.

16. Duration - the duration of this Agreement is one year, and renews automatically every year unless YOU provide at least 30 (thirty) days notice of cancellation or termination, prior to renewal, to NETFIRMS® in accordance with the terms and conditions herein. Unused service duration is not refundable.