This Virtual Private Server Terms of Service was last updated on Dec 20, 2009.
Nepallink agrees to furnish services to the subscriber of services ("Client"), subject to the following VPS TOS ("Virtual Private Server Terms of Service").
Nepallink reserves the right to change this VPS TOS at any time. Such changes, modifications, additions or deletions shall be effective immediately upon posting on-line at this location. You acknowledge and agree that it is your responsibility to review this site and this VPS TOS periodically and to be aware of any modifications. You may identify whether Nepallink has revised this VPS TOS by noting the "Effective Date" above. Your continued use of the services after such modifications will constitute your: (a) acknowledgment of the modified VPS TOS; and (b) agreement to abide and be bound by the modified VPS TOS. If you do not agree to these terms, please contact us to cancel your services.
The use of VPS services from NepalLink constitutes an agreement by the customer to the terms outlined below.
The initial service term of the agreement shall begin on the date that NepalLink Network (hereby
NepalLink) generates an e-mail message announcing the activation of the account (the "Service
Commencement Date") and shall continue either monthly , six months or annually depending on the
term picked by the customer. Upon expiration of the initial term, this agreement shall automatically
become null and void. The initial term and any renewal term may be referred to collectively in this
agreement as the "Term."
2. Cancellation & Refunds
NepalLink reserves the right to cancel any service provided with a prior notification of 90 days. In this
event customers will be entitled to a prorated refund based upon the remaining period of service. If a
customer contravenes NepalLink 's terms of service, a refund will not be issued in the event of a
cancellation by NepalLink or the customer. Any incentives offered to customers when opening the
account will also be cancelled. Customers may be given the option to purchase services which were
offered as start-up incentives in the result of a cancellation. Fees charged on a prepay basis are nonrefundable. Under no circumstance will license fees such as cPanel/Plesk be refunded.
3. Content Restrictions
NepalLink does not allow the use of its services for illegal activities. This includes hosting of copyrighted
material, nulled scripts, or anything that is considered illegal under US law. A suspension leading up to
termination will be imposed for a breach of these terms. While we strive to accommodate all types of
customers your VPS may not be used for the following:
Sending of unsolicited Email (SPAM)
Anything related to a botnet
Hosting of illegal or copyrighted files
Furthermore the end user is solely responsible for all files on their VPS whether the client had
knowledge of the files or not. It is the responsibility of the client to ensure their system is secured and
safe from compromise. If a system is found out to be compromised NepalLink has the right to reload the
VPS to a default OS after ample time has been given to make backups.
Fees are payable in advance on the first day of each billing cycle. Customer's billing cycle shall be
monthly, six months or annually as indicated on their order, beginning on the service commencement
date. NepalLink may require payment for the first billing cycle before beginning service.
Payments must be made in Nepali Rs. NepalLink may suspend the service with a prior notice of 10
days if payment for the service is overdue. Fees not disputed within sixty (60) days of due date are
conclusively deemed accurate.
Fee Increases: Nepallink shall not increase the fee amount till the service contract period.
Early Termination:Customer acknowledges that the amount of the fee for the service is based on
customer's agreement to pay the fee for the entire initial term, or renewal term, as applicable. In the
event NepalLink terminates the agreement for customer's breach of the agreement in accordance with
Section 10 (Termination), or customer terminates the service other than in accordance with Section 10
(Termination) for NepalLink 's breach, the unpaid fees for each billing cycle remaining in the initial term
or then-current renewal term, as applicable, are due on the business day following termination of the
Customer agrees to use the service in compliance with applicable law and NepalLink 's Acceptable Use
Policy posted at http://NepalLink.com/aup.php (the "AUP"), which is hereby incorporated by reference in
this agreement. Customer agrees that NepalLink may, in its reasonable commercial judgment
consistent with industry standards, amend the AUP from time to time to further detail or describe
reasonable restrictions and conditions on customer's use of the services. Amendments to the AUP are
effective on the earlier of NepalLink 's notice to the customer that an amendment has been made, or
the first day of any renewal term that begins subsequent to the amendment. The amendment in AUP
should be notified thirty days (30) before to the customer. Customer agrees to cooperate with NepalLink
's reasonable investigation of any suspected violation of the AUP. In the event of a dispute between
NepalLink and the customer regarding the interpretation of the AUP, NepalLink 's commercially
reasonable interpretation of the AUP shall govern.
6. Customer Information
Customer represents and warrants to NepalLink that the information he, she or it has provided and will
provide to NepalLink for purposes of establishing and maintaining the service is accurate. If the
customer is an individual, the customer represents and warrants to NepalLink that he or she is at least
18 years of age. NepalLink may rely on the instructions of the person listed as the primary customer
contact on the order with regard to customer's account until customer has provided a written notice
changing the primary customer contact.
Customer agrees to indemnify and hold harmless NepalLink , NepalLink 's affiliates, and each of their
respective officers, directors, agents, and employees from and against any and all claims, demands,
liabilities, obligations, losses, damages, penalties, fines, punitive damages, amounts in interest,
expenses and disbursements of any kind and nature whatsoever (including reasonable attorneys fees)
brought by a third party under any theory of legal liability arising out of or related to the actual or alleged
use of customer's services in violation of applicable law or the AUP by customer or any person using
customer's log on information, regardless of whether such person has been authorized to use the
services by customer.
8. Disclaimer of Warranties
NEPALLINK DOES NOT WARRANT OR REPRESENT THAT THE SERVICES WILL BE
UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE. TO THE EXTENT PERMITTED BY
APPLICABLE LAW NEPALLINK DISCLAIMS ANY AND ALL WARRANTIES INCLUDING THE
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND
NONINFRINGEMENT. TO THE EXTENT PERMITTED BY APPLICABLE LAW, ALL SERVICES ARE
PROVIDED ON AN "AS IS" BASIS.
9. Limitation of Damages
NEITHER PARTY SHALL BE LIABLE TO THE OTHER FOR ANY LOST PROFITS, OR ANY
INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE LOSS OR DAMAGE OF ANY
KIND, OR FOR DAMAGES THAT COULD HAVE BEEN AVOIDED BY THE USE OF REASONABLE
DILIGENCE, ARISING IN CONNECTION WITH THE AGREEMENT, EVEN IF THE PARTY HAS BEEN
ADVISED OR SHOULD BE AWARE OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING ELSE IN THE AGREEMENT TO THE CONTRARY, THE MAXIMUM
AGGREGATE LIABILITY OF NepalLink AND ANY OF ITS EMPLOYEES, AGENTS OR AFFILIATES,
UNDER ANY THEORY OF LAW (INCLUDING BREACH OF CONTRACT, TORT, STRICT LIABILITY,
AND INFRINGEMENT) SHALL BE A PAYMENT OF MONEY NOT TO EXCEED THE AMOUNT
PAYABLE BY CUSTOMER FOR THREE MONTHS OF SERVICE.
Suspension of Service:Customer agrees that NepalLink may suspend services to the customer with a
prior notice of Ninety Days (90) and without liability if: (i) NepalLink reasonably believes that the
services are being used in violation of the AUP; (ii) Customer fails to cooperate with any reasonable
investigation of any suspected violation of the AUP; (iii) NepalLink reasonably believes that the
suspension of service is necessary to protect its network or its other customers, or (iv) as requested by
a law enforcement or regulatory agency.
Termination:The Agreement may be terminated by Customer prior to the expiration of the initial term or
any renewal term with 15 days prior notice and without liability if NepalLink fails in a material way to
provide the service in accordance with the terms of the Agreement and does not cure the failure within
ten (10) days of Customer's written notice describing the failure in reasonable detail. The agreement
may be terminated by NepalLink prior to the expiration of the initial term or any renewal term without
further notice and without liability as follows: (i) upon fifteen (15) days notice if Customer is overdue on
the payment of any amount due under the agreement; (ii) Customer materially violates any other
provision of the agreement, including the AUP, and fails to cure the violation within Thirty (30) days of a
written notice from NepalLink describing the violation in reasonable detail; (iii) upon thirty (30) days
notice if Customer's service is used in violation of a material term of the AUP more than once, or (iv)
upon thirty days (30) days notice if Customer violates Section 6 (Customer Information) of this
agreement. Either party may terminate this agreement upon ninety days (90) days advance notice if the
other party admits insolvency, makes an assignment for the benefit of its creditors, files for bankruptcy
or similar protection, is unable to pay debts as they become due, has a trustee or receiver appointed
over all or a substantial portion of its assets, or enters into an agreement for the extension or
readjustment of all or substantially all of its obligations.
11. Request for Customer Information
Customer agrees that NepalLink may, without notice to Customer, (i) report to the appropriate
authorities any conduct by Customer or any of Customer's customers or end users that NepalLink
believes violates applicable law, and (ii) provide any information that it has about Customer or any of its
customers or end users in response to a formal or informal request from a law enforcement or
regulatory agency or in response to a formal request in a civil action that on its face meets the
requirements for such a request.
12. SERVICE GUARANTEES; DATA BACKUP
a) Service Guarantees
NepalLink guarantees 99.9% network uptime and server stability. This, however, does not refer to
problems stemming from Server Hardware Breakdown, User error(s) or purposeful interruption(s) of the
user service (e.g. if the client shuts his/her own server down, the Provider is not responsible for the
downtime), Failure due to software that is not explicitly supported by the Provider. If a hardware crash
provoked by the Customer consequently happens, the Provider is beyond the control and responsibility
for the resulting downtime.
b) Backup Policy
For the data backup of all website contents and databases, the responsibility lies upon both the parties
Nepallink backup service is provided to you as a courtesy. NepalLink is not responsible for any loss,
erasure, or corruption of Customer's data or files. NepalLink does, however, perform weekly backups of
server configurations and customer data. In the event of data loss due to any fault of the Customer, and
a restore is necessary using NepalLink's backups, Customer agrees to pay NepalLink a technical support fee to recover Customer's lost data.
A weekly VPS backup is also available as a separate addon service synchronized with different datacenter around US and Europe.
13. Changes to NepalLink 's Network
Upgrades and other changes in NepalLink 's network, including, but not limited to changes in its
software, hardware, and service providers, may affect the display or operation of Customer's hosted
content and/or applications. NepalLink reserves the right to change its network in its commercially
reasonable discretion, and NepalLink shall not be liable for any resulting harm to Customer.
14. Force Majeure
NepalLink shall not be in default of any obligation under the Agreement if the failure to perform the
obligation is due to any event beyond NepalLink 's control, including, without limitation, significant
failure of a portion of the power grid, significant failure of the Internet, natural disaster, war, riot,
insurrection, epidemic, strikes or other organized labor action, terrorist activity, or other events of a
magnitude or type for which precautions are not generally taken in the industry.
15. Governing Law/Disputes
The Agreement shall be governed by the laws of the State of Washington and Nepal Government,
exclusive of its choice of law principles, and the laws of the United States of America, as applicable.
The agreement shall not be governed by the United Nations Convention on the International Sale of
EXCLUSIVE VENUE FOR ALL DISPUTES ARISING OUT OF OR RELATING TO THE
AGREEMENT SHALL BE THE STATE AND FEDERAL COURTS IN MERRIMACK COUNTY, NEW
HAMPSHIRE, AND EACH PARTY AGREES NOT TO DISPUTE SUCH PERSONAL JURISDICTION
AND WAIVES ALL OBJECTIONS THERETO.
Each party acknowledges and agrees that the other party retains exclusive ownership and rights in its
trademarks, service marks, trade secrets, inventions, copyrights, and other intellectual property. Neither
party may use the other party's name or trade mark without the other party's prior written consent. The
parties intend for their relationship to be that of independent contractors and not a partnership, joint
venture, or employer/employee. Neither party will represent itself to be agent of the other. Each party
acknowledges that it has no power or authority to bind the other on any agreement and that it will not
represent to any person that it has such power or authority. This Agreement may be amended only by a
formal written agreement signed by both parties. The terms on Customer's purchase order or other
business forms are not binding on NepalLink unless they are expressly incorporated into a formal
written agreement signed by both parties. A party's failure or delay in enforcing any provision of the
Agreement will not be deemed a waiver of that party's rights with respect to that provision or any other
provision of the Agreement. A party's waiver of any of its right under the Agreement is not a waiver of
any of its other rights with respect to a prior, contemporaneous or future occurrence, whether similar in
nature or not. The captions in the Agreement are not part of the Agreement, but are for the convenience
of the parties. The following provisions will survive expiration or termination of the Agreement: Fees,
indemnity obligations, provisions limiting liability and disclaiming warranties, provisions regarding
ownership of intellectual property, these miscellaneous provisions, and other provisions that by their
nature are intended to survive termination of the Agreement. There are no third party beneficiaries to
the Agreement. Neither insurers nor the customers of resellers are third party beneficiaries to the
Agreement. Customer may not transfer the Agreement without NepalLink 's prior written consent.
NepalLink 's approval for assignment is contingent on the assignee meeting NepalLink 's credit
approval criteria. NepalLink may assign the Agreement in whole or in part.
This Agreement together with the Order and AUP constitutes the complete and exclusive agreement
between the parties regarding its subject matter and supersedes and replace any prior understanding or
communication, written or oral.
17. NepalLink reserves the right to remove permission to access the Service if we suspect security
violation attempts involving your account, whether directly deliberately caused by you or not.
18. This agreement shall be governed by and construed in accordance with the law of EU, US or
Nepal. In the event that any portion of this Agreement is held to be unenforceable, the
unenforceable portion shall be construed in accordance with applicable law as nearly as
possible to reflect the original intentions of the parties and the remainder of the provisions shall
remain in full force and effect.
19. NepalLink Network reserves the right to change this Term of Service at any time. Changes shall
become effective within thirty (30) days of publication of the revised version on
www.NepalLink.net. Your continued use of your subscription after expiry of the 30-day period
shall constitute your acceptance to be bound by the terms and conditions of the revised Term of