Web Site Terms and Conditions of Use

TOS is subject to change at anytime

1. Terms

By accessing this web site, you are agreeing to be bound by these web site Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this web site are protected by applicable copyright and trade mark law.

All payments to ReThinkVPS, are nonrefundable. This includes the one time setup fee and subsequent charges regardless of usage. All overcharges or billing disputes must be reported within 30 days of the time the dispute occurred. If you dispute a charge to your credit card issuer that, in ReThinkVPS' sole discretion is a valid charge under the provisions of the TOS, you agree to pay ReThinkVPS an "Administrative Fee" of not less than $50 and not more than $150.

1a. Refunds

Full payment is required before any hosting service is rendered, which includes renewals. Payment is through a valid credit card or via PayPal. Payment is due at the time of ordering, and then depending on the payment cycle intervals after that. ReThinkVPS reserves the right to change prices at any time. Price changes do not effect current ReThinkVPS clients. The price that you purchased your account at, will remain locked into that pricing, and not be effected by future price rises.
ReThinkVPS will not refund the following:

Any services after the terms of service has been broken by the client.

Addons such as IP blocks and control panels are non refundable.

Any credits added to account due to overpayment or from uncancelled subscriptions.

Customers are limited to 1 refund per 12 month calander year.

1b. Cancellation

ReThinkVPS offers a 7 day no-risk money back guarantee. If you are not satisfied with our service, and wish to cancel, we will issue you a full refund of your purchase price, less transaction fees occurred in processing your payment. This money back policy applies to Shared, Reseller and VPS accounts. Unfortunatly due to the setup this refund offer does not apply to dedicated server packages. Refunds must be requested through a support ticket and not from the cancellation form as these are not monitored. Any other cancellations must have a cancellation request and not through an e-mail or support ticket.

2. Use License

1. Permission is granted to temporarily download one copy of the materials (information or software) on ReThinkVPS's web site for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
   1. modify or copy the materials;
   2. use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
   3. attempt to decompile or reverse engineer any software contained on ReThinkVPS's web site;
   4. remove any copyright or other proprietary notations from the materials; or
   5. transfer the materials to another person or "mirror" the materials on any other server.
2. This license shall automatically terminate if you violate any of these restrictions and may be terminated by ReThinkVPS at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

3. Disclaimer

1. The materials on ReThinkVPS's web site are provided "as is". ReThinkVPS makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, ReThinkVPS does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.

4. Limitations

In no event shall ReThinkVPS or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on ReThinkVPS's Internet site, even if ReThinkVPS or a ReThinkVPS authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

5. Revisions and Errata

The materials appearing on ReThinkVPS's web site could include technical, typographical, or photographic errors. ReThinkVPS does not warrant that any of the materials on its web site are accurate, complete, or current. ReThinkVPS may make changes to the materials contained on its web site at any time without notice. ReThinkVPS does not, however, make any commitment to update the materials.

6. Links

ReThinkVPS has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by ReThinkVPS of the site. Use of any such linked web site is at the user's own risk.

7. Site Terms of Use Modifications

ReThinkVPS may revise these terms of use for its web site at any time without notice. By using this web site you are agreeing to be bound by the then current version of these Terms and Conditions of Use.

8. Governing Law

Any claim relating to ReThinkVPS's web site shall be governed by the laws of the State of Texas without regard to its conflict of law provisions.

9. Network Policy

All VPS's bought at ReThinkVPS come with a shared 1000mbps connection alongside with unmetered bandwidth. ReThinkVPS will never suspend VPS's for bandwidth overages nor will ReThinkVPS charge extra costs for additional bandwidth. ReThinkVPS offers a shared connection, under no circumstances is one VPS allowed to slow down any other VPSs, if this was to happen ReThinkVPS will contact the client immediately to arrange some sort of solution. Since this is a shared connection, one VPS isn't allowed to slow down other VPSs. This is rarely an issue, if it does become a problem, we will contact the client to arrange a solution (move to a less busy node, etc). For example, you can't expect a VPS 1.0 to push 3TB bandwidth/month. Our policy aims to be as reasonable and fair as possible.

General Terms and Conditions applicable to Use of a Web Site.

10. Prohibited Usage Restrictions:

In addition to activities governed by law, ReThinkVPS strictly prohibits:

• - Torrents, Torrent Servers, or Illegal Content (Movies, Music, Software, ect)
• - IRC and associated applications (including bouncers, "bots", etc.)
• - Malware (malicious software) and/or botnets
• - Automation tools, auto typers, macros and bots used to circumvent restrictions on games or other applications (e.g. RuneScape bots)
• - Network and systems abuse scripts
• - Flooding scripts of any kind
• - Circumvention of and/or provision of instructions to circumvent security measures
• - Unnecessary port scans
• - Threatening, harassing, or obscene content
• - Anonymizers/proxies without password protection and sufficient logging (including open mail proxies, anonymous web surfing proxies)
• - Proxy detection scripts
• - Unsolicited and/or mass advertising via forums, blogs, comment forms, and newsgroups
• - Mail bombing, email address harvesting, and/or unsolicited email (including bulk mail sent to unconfirmed recipients and individual unsolicited advertisement or link exchange requests)
• - HYIPs (high-yield investment programs)
• - Excessive overutilization of resource limits
• - Evasion of bans or blacklistings by changing domains/IPs

*** Links to unacceptable content are also prohibited.

Any accounts found to be in violation of the above items are subject to immediate termination of thier account without refund.

11. Backups of Data:

ReThinkVPS does not keep backups of customer VPS data and we are not responsible for any corrupted data. It is the sole responsibility of the account holder to backup all data on thier respective server to an off site location. At no time will ReThinkVPS be held liable for loss of data or loss of backups.

12. VPS RAM Usage

VPS Servers come equiped with Guaranteed RAM as well as Burst RAM. Burst RAM is deisgned to be used soley as Burstable RAM. Under no circumstances are you allowed to use Burst RAM on a consistant basis. Violations of this policy will result in you being asked to drop your RAM Usage or upgrade to a higher plan.

Privacy Policy

Your privacy is very important to us. Accordingly, we have developed this Policy in order for you to understand how we collect, use, communicate and disclose and make use of personal information. The following outlines our privacy policy.

• Before or at the time of collecting personal information, we will identify the purposes for which information is being collected.
• We will collect and use of personal information solely with the objective of fulfilling those purposes specified by us and for other compatible purposes, unless we obtain the consent of the individual concerned or as required by law.
• We will only retain personal information as long as necessary for the fulfillment of those purposes.
• We will collect personal information by lawful and fair means and, where appropriate, with the knowledge or consent of the individual concerned.
• Personal data should be relevant to the purposes for which it is to be used, and, to the extent necessary for those purposes, should be accurate, complete, and up-to-date.
• We will protect personal information by reasonable security safeguards against loss or theft, as well as unauthorized access, disclosure, copying, use or modification.
• We will make readily available to customers information about our policies and practices relating to the management of personal information.

We are committed to conducting our business in accordance with these principles in order to ensure that the confidentiality of personal information is protected and maintained.

Service Level Agreement

ReThinkVPS provides a 99.5% uptime guarantee to all clients. The following table displays the credit provided is we fail to provide such uptime. The uptime is determined per-node (individual VPS's are the clients responsiblility), and ReThinkVPS has the final say on the uptime each month.

Uptime Guarantee	SLA Credit
99.5% and above	0%
99.4%	10%
99.3%	20%
99.2%	30%
99.1%	40%
99.0%	50%
98.9%	60%
98.8%	70%
98.7%	80%
98.6%	90%
Below 98.6%	100%