Virtual Private Server Service Agreement

This Service Agreement sets out specific terms and conditions applicable to 4Cloud’s Virtual Private Server Service (“VPS”). This Service Agreement forms part of the Agreement between you and 4Cloud, which also includes: (1) the Service Terms; (2) any other Service Agreements for other 4Cloud Services to which you have subscribed; and (3) any other 4Cloud document describing features, products or services and any other document incorporated by reference.

In the event of an inconsistency between the constituent documents of the Agreement, the inconsistency will be resolved by giving preference first to a Service Agreement(s), then to the Service Terms, then to any other 4Cloud documentation describing features, products or services and finally to any other documents incorporated by reference.

Unless otherwise defined herein, all capitalized terms in the Service Agreement have the meaning assigned to those terms in the Service Terms.

1. How do I accept this Service Agreement?

You acknowledge that you have read, understood and agreed to this Service Agreement by either: (i) placing an order for VPS by any means including online or over the phone; or (ii) using VPS.

If you do not agree to the Service Terms or this Service Agreement, or any other parts of the Agreement, you may not use VPS. If you are using Services on behalf of a business (e.g., your employer or a contractor) or other legal entity, you represent that you have the authority to bind that company or other legal entity to this Service Agreement.

2. What is VPS?

VPS consists of a virtual machine hosted on 4Cloud’s physical servers. VPS also includes server-side maintenance and support services.

3. How do I select a VPS service package and service features?

The Website provides information and pricing for all VPS service packages and optional / configurable service features. With reference to the service information and pricing on the Website, you select your service package and service features when placing an order for VPS. When submitting an order for VPS, you have a choice of the following billing cycles: monthly, quarterly, semi-annually and annually. You may change your billing cycle at any time.

4. What happens after I place my order?

When you place your order, 4Cloud will provision the VPS on its servers. Within 1 to 3 business days, we will send instructions for setting up and administering the VPS to the email address that you designated for communications with us relating to your Services.

5. What Term applies to VPS?

VPS is provided on a month-to-month basis.

6. Can I configure VPS?

You have the option to configure several components of the VPS including choice of operating systems, amount of RAM, use of IPv6 addresses and more. All service features and capabilities are described on our Website.

7. Can I upgrade or downgrade my service package at any time?

Yes. You can submit a service change request online or via phone at the coordinates listed in Section 42 of the Service Terms. We will make any necessary prorated billing adjustments after processing the change request.

8. What happens when I cancel VPS?

When you submit a request to cancel VPS, we will process it immediately. You will receive a prorated refund for the non-expired portion of the billing cycle (monthly, quarterly, semi-annually or annually) for your account. Once VPS is cancelled, all data on the VPS will be permanently deleted and no longer retrievable[CC1] [TD2] .

9. Can 4Cloud make changes to VPS?

Yes. 4Cloud may make changes to VPS in accordance with Section 5 of the Service Terms. Any corresponding changes to Fees will be applied on a pro-rated basis.

10. What happens if I exceed my allotted diskspace?

4Cloud will provide you an email notice before you reach your diskspace limit. If you exceed your limit, the VPS will go offline. To restore the online status of your website, you must either: (1) free space on the VPS; or (2) upgrade your service package to increase your diskspace.

11. What happens if I exceed my allotted bandwidth?

4Cloud will provide you an email notice before you reach your bandwidth. If you exceed your limit, your VPS will go offline. To restore the online status of your VPS, you must upgrade your service package to increase your bandwidth.

12. Will my VPS be backed-up?

You can configure your VPS to enable automatic back-ups. You can keep up to two back-ups of your virtual machine and you can schedule back-ups on a variety of intervals. You can also configure your VPS to enable snapshots, which will allow you to perform a system roll back. Consistent with the warranties in Section 16 of the Service Terms, 4Cloud is not responsible for data loss, data corruption or any other circumstance that would prevent you from accessing data on your VPS. 

13. How do I obtain technical support for VPS?

If you require support for VPS, billing or any other service matter, submit an email to support(at)4cloud.ca and a 4Cloud agent will assist you as soon as possible. Support is available twenty-four hours a day, all year round.  [CC3] [TD4] 


 

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