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Terms of service

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, Dedicated Server services (all collectively with the Site and Panel) provided by Davood Abid (Viasky)

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 Davood Abid (Viasky) 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 Davood Abid (Viasky) 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 secret and other statutes. The subscriber agrees to indemnify and hold harmless Davood Abid (Viasky) 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 Davood Abid’s (Viasky) servers or any other server on the Internet are prohibited. Links to such material are also prohibited.

Examples of unacceptable content or links:

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, Davood Abid (Viasky) 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 Davood Abid (Viasky) 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 Davood Abid (Viasky) must adhere to the policies outlined in this Terms of Service.

Billing

By the Account Activation Date of each month, Davood Abid (Viasky) 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 Davood Abid (Viasky) by no later than the specified payment due date. Davood Abid (Viasky) 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 Davood Abid (Viasky) 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 Davood Abid (Viasky) 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, Davood Abid (Viasky) 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 Davood Abid (Viasky) 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 Davood Abid (Viasky) 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 Davood Abid’s (Viasky) behalf to provide the services purchased.

General refund guidelines

We will not refund or credit under the following circumstances:

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, Davood Abid (Viasky) 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

Davood Abid (Viasky) shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from Davood Abid’s (Viasky) servers going off-line or being unavailable for any reason whatsoever. Furthermore, Davood Abid (Viasky) 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 Davood Abid’s (Viasky) 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. Davood Abid (Viasky) cannot be held liable for system downtimes, network or hardware failures, or data loss, nor can Davood Abid (Viasky) be held accountable for any loss on projected income due to system downtimes, network or hardware failures, or data loss. Certain services provided by Davood Abid (Viasky) are resold. Thus, certain equipment, routing, software, and programming provided by Davood Abid (Viasky) are not directly owned or written by Davood Abid (Viasky). Moreover, Davood Abid (Viasky) 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 Davood Abid (Viasky) sees fit.

Account activation

By activating your account with Davood Abid (Viasky) 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.

Davood Abid (Viasky) 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, Davood Abid (Viasky) 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. Davood Abid (Viasky) respects that the Internet provides a forum for free and open discussion and dissemination of information. However, when there are competing interests at issue, Davood Abid (Viasky) reserves the right to take certain preventive or corrective actions. In order to protect these competing interests, Davood Abid (Viasky) 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 Davood Abid’s (Viasky) 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 Davood Abid (Viasky) 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 Davood Abid (Viasky) cannot monitor or censor the Internet, and will not attempt to do so, Davood Abid (Viasky) 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 Davood Abid (Viasky) 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 Davood Abid’s (Viasky) network and may reach a large number of people, including both subscribers and non-subscribers of Davood Abid (Viasky), subscribers’ postings to the Internet may affect other subscribers and may affect Davood Abid’s (Viasky) goodwill, business, reputation or operations.

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

 

As we have pointed out, the responsibility for avoiding harmful activities just described rests primarily with the subscriber. Davood Abid (Viasky) will not, as an ordinary practice, monitor the communications of its subscribers to ensure that they comply with Davood Abid’s (Viasky) policy or applicable law. However, when Davood Abid (Viasky) 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 Davood Abid (Viasky).

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

Davood Abid (Viasky) 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. Davood Abid (Viasky) may, however, monitor its service electronically to determine that its facilities are operating satisfactorily. Also, Davood Abid (Viasky) 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. Davood Abid (Viasky) 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, Davood Abid (Viasky) may disclose subscriber information or information transmitted over its network where necessary to protect Davood Abid (Viasky) and others from harm, or where such disclosure is necessary to the proper operation of the system. However, Davood Abid (Viasky) will never sell information to other services or outside companies.

Davood Abid (Viasky) 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 Davood Abid (Viasky) policy. Finally, Davood Abid (Viasky) wishes to emphasize that, in signing the Service Agreement, subscribers indemnify Davood Abid (Viasky) for any violation of the Service Agreement, law or Davood Abid (Viasky) policy resulting in loss to Davood Abid (Viasky) or the bringing of any claim against Davood Abid (Viasky) by any third party. This means that, if Davood Abid (Viasky) 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 Davood Abid (Viasky), plus costs and reasonable attorney’s fees.

We hope this AUP is helpful in clarifying the obligations of Internet users, including Davood Abid (Viasky) and its subscribers, as responsible members of the Internet. Any complaints about a subscriber’s violation of this AUP should be sent to [email protected]

Privacy Policy

This Privacy Policy governs the manner in which Davood Abid (Viasky) 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 Davood Abid (Viasky).

 

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

Davood Abid (Viasky) 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

Davood Abid (Viasky) 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:

[email protected]