TERMS OF SERVICE

YOU MUST AGREE TO THESE TERMS

Terms of Service

Read the following terms before deploying a vps/server with us.

The following terms of service ("TOS") will apply to the agreement to provide service between Estro Web Services ("Company"), and the individual or business entity identified on the order form for said services ("Customer"). These terms, along with the attached Acceptable Use Policy ("AUP"), shall hereinafter be referred to as the "Agreement" between the two above mentioned parties.

1. INDEMNIFICATION POLICY

You agree to use all Estro Web Services services and facilities at your own risk. Estro Web Services specifically disclaims all warranties of merchantability and fitness for a particular purpose. In no event shall Estro Web Services be liable for any loss, or loss of data, or other commercial damage, including but not limited to special, incidental, consequential or other damages. Customer agrees that it shall defend, indemnify, save and hold Estro Web Services harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against Estro Web Services, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, it's agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless Estro Web Services against liabilities arising out of Any injury to person or property caused by any products sold or otherwise distributed in connection with Estro Web Services's server.

Estro Web Services reserves the right to intervene with any of the sites hosted on its servers in the interest of its customers. Any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party Copyright infringement any defective products sold to customer from Estro Web Services's server. Estro Web Services shall be the sole judge of what violates this Policy.

2. BILLING:

At this time we bill monthly, quarterly, semi-annually and annually, depending upon the plan.

We accept payments via many payment gateways including PayPal, WebMoney, Perfect Money, Bitcoins, Bank Transfer to our Bank Account. Clients are encouraged to pay by Perfect Money or Web Money or Bitcoins as it is the easiest way to handle payment at this time. Their are no contract periods but for each successive period, your contract is automatically renewed unless we are notified otherwise.

We periodically send Payment Reminder Emails to all clients.
Invoice Unpaid Reminder : 5 days before the invoice due date.
First Overdue Reminder : 1 day after the invoice due date
Second Overdue Reminder : 3 days after the invoice due date
Third Overdue Reminder : 5 days after the invoice due date

Though these periodically reminder emails are sent to client, sometimes due to some techincal failures, reminder emails may NOT be delivered to client. All clients must note their service renewal due date and ensure renewal of service within 5 days of due date. We can only remind client, the ultimate responsibility to renew the service lies with client only. If a service is NOT paid/renewed within 5 days of due date, it will be terminated on 6th Day when daily cron job of server runs (generally 9 AM but may be different or changed).

2.1 LATE PAYMENTS AND LATE FEES:

All accounts are billed according to the dates they were first activated on.
We generate all invoices 10 days before the due date.
If you will not pay for service on your due date, your account will be suspended on the next day of your due date.
If you will not pay for service renewal in 5 days after your due date, system will assume that you're NOT interested in renewing your account and in that case, your account will be terminated on 6th Day.
All data will get deleted and the server space will be re-used for some another client. Client will be responsible for any data loss due to such suspension or termination as it is performed automatically by system if services are unpaid.

We don't charge LATE FEES. If you account/order is terminated or cancelled, you will need to make a fresh order.

3. REFUND POLICY:

Read our Refund Policy Here : Refund Policy

4. ACCEPTABLE USAGE POLICY:

Estro Web Services believe in freedom of speech and hence we don't censor client's websites based on their content. While majority of content is allowed, we still have a small ban list.

The following acts will be considered violations of the AUP:

4.1 Prohibited content and activities
includes, but are not limited to:

  • Spamming / unsolicited Emailing
  • Hosting any deceptive material for the purposes of Phishing
  • Fraudulent activity, phishing, pyramid schemes, chain letters, forgery, or impersonation
  • Hacking, Cracking programs or key generators
  • Hacker focused sites/archives/programs
  • Scanning networks and Unnecessary Port Scans
  • Denial of Service Attacks (DOS/DDOS)
  • Child pornography or kidnapping material
  • Threatening, harassing, or obscene content
  • Terrorist propaganda, racist material, or bomb/weapon instructions
  • IRC and associated programs
  • Scripts commonly used for abuse, attacks, or flooding
  • Any activities which result in the spread of computer viruses or other damaging programs or data files
  • Distributing Virus/Virii, Spyware, Malware, worms, trojan horses or other infectious material
  • Forging or misrepresenting message headers in whole or in part
  • IP Spoofing or Forging or misrepresenting network packets
  • Operating an open proxy server or using the Service as part of a proxy network
  • Any proxies which do not require authentication (including open or unprotected anonymous web surfing/mail proxies etc.)
  • Willfully interfering with the regular operation of the Service
  • Attempting to access any unauthorized system or services

  • 4.2 Banned Scripts and programs:

    The following scripts and programs are banned from use on our servers and may not be uploaded or run. Reasons for banning them include adverse effects on server load, invitations to hackers/spammers/criminal activity, etc.

  • IRC egg drops/Scripts/Bots
  • Proxy Servers/Scripts/Anonymizers
  • Mail bombers
  • Anonymous mailers
  • IP and Port spoofers/Scanners
  • Hivemail/Mailer Pro
  • Telnet or SSH Access Scripts
  • nph-proxy (and other scripts which operates like proxy)
  • UBB (Ultimate Bulletin Board, all versions)
  • lstmrge.cgi
  • PHP/CGI Shells or Hacking Tools
  • FormMail.cgi, FormMail.pl from Matt's Script Archive are not allowed.
  • Pirated Software/Warez
  • Image Hosting Scripts (e.g similar to Photobucket or Tinypic)
  • AutoSurf/PTC/PTS/PPC sites
  • Bruteforce Programs/Scripts/Applications
  • Mail Bombers/Spam Scripts
  • Banner-Ad services (commercial banner ad rotation)
  • File Dump/Mirror Scripts (similar to rapidshare)
  • Commercial Audio Streaming (more than one or two streams)
  • Escrow/Bank Debentures
  • High-Yield Interest Programs (HYIP) or Related Sites
  • Investment Sites (FOREX, E-Gold Exchange, Second Life/Linden Exchange, Ponzi, MLM/Pyramid Scheme)
  • Sale of any controlled substance without prior proof of appropriate permit(s)
  • Prime Banks Programs
  • Lottery/Gambling Sites
  • MUDs/RPGs/PBBGs
  • Hacker focused sites/archives/programs
  • Sites promoting illegal activities
  • Fraudulent/Phishing Sites (Including, but not limited to sites listed at aa419.org & escrow-fraud.com)
  • Broadcast or Streaming of Live Sporting or Copyrighted Events (UFC, NASCAR, FIFA, NFL, MLB, NBA, WWE, WWF, etc)
  • Child pornography
  • Anything that sends unsolicited/Junk/spam emails

  • 4.3 Torrent Activities:

    We allow torrent activities from private as well as public trackers for legal or personal usage.

    4.4 DDoS or Attack Prevention:

    Our Services comes with a basic level ddos protection. You should harden your VPS/server security with firewall, antivirus and other applicable softwares to get a better protection against DDoS attacks. Please note the following policies in case of an incoming/out going attacks via your VPS/Server.
    INCOMING ATTACK on your VPS/Server :
    1st Incident : Your IP will be null-routed for 24 hours or more and it can be reactivated if we think attack is stopped.
    2nd Incident : If the attack comes again, we may null-route your IP for 72 hours or more and it can be reactivated if we think attack is stopped.
    3rd and final incident : If the attack still continues, we will close your VPS/Server and provide you a way to backup your data. We may also decide to stop providing any new services to you or close your account permanently in case of frequent attacks on your services.

    OUTGOING ATTACK from your VPS/Server :
    We stritcly DO NOT allow such acvities on our network including but NOT limited to DDoS/other Attacks, port scanning, hacking/cracking activites etc. If we found your services are involved in such activites, it will be suspended immediately and it may be closed permanently depeing upon severity of the attack/issue.

    5. Fair Usage Policy:

    All of Our Services with unmetered/unlimited bandwidth are subject to this fair usage policy.

    5.1 DATA USAGE

    Unmetered Bandwidth does not mean infinite data usage.
    By Unmetered Bandwidth, we mean that there is no specific bandwidth limit and you can use as much bandwidth as you want as long as you do not overload the server uplink or routers.
    Since all of our services operate under shared environment, therefore clients are expected to use a fair share amount of bandwidth and don't overload server resources.
    We regularly monitors bandwidth usage pattern of clients and any abusive usage of bandwidth will result in immediate suspension of services. If we classify your usage as abuse, your services may be immediately suspended and you may be denied to provide any more services in future.
    No Refunds will be applicable in such cases of Breach of FUP.
    We strictly do NOT allow Video/Audio streaming or any such high bandwidth usage applications on our VPS Hosting services.
    We strictly do NOT allow Video/Audio streaming or any such high bandwidth usage applications on our VPS Hosting services.

    5.2 PORT/UPLINK USAGE

    All Server have a dedicated uplink shared among multiple clients generally between 10-12. Therefore, you can NOT expect all the speeds of uplink/port for yourself all the time.

    5.3 FAIR USAGE OF SERVICES

    All users will properly use the assigned resources in a fair manner without interfering other users in the same environment, otherwise, Estro Web Services has every right to regain control of the abused resource from users without prior notice. Estro Web Services will NOT be liable nor responsible for any customer/user loss out of this arrangement, and there will NOT be any refund of customer paid fee.

    Users of all services agree NOT to interfere with other users in an unfair or malicious manner such that other users are not able to receive due level of services. In all services, the word "unlimited" refers to an "unmetered" usage, and subject to this Fair Usage Policy. Estro Web Services reserves the right to impose restrictions of various sorts to ensure a fair usage amongst the user community without prior notice, to existing and new users, and upon repeated warnings, suspend and/or terminate offending users.

    6. SERVICE SUSPENSION AND REACTIVATION

    Any client abusing server resources or violating ToS/AUP will be suspended immediately and will be charged between $2 to $5 Service Re-activation Fees depending on type of abuse and previous number of suspensions for that client. All such accounts will be re-activated only after receival of Service Reactvation charges. We reserve the right to deny any request for re-activation after/before payment of service reactivation charges to maintain server stability. We reserve the right to terminate a client's account without his prior permission or without contacting him for any reason including but not limited to any kind of server abuse, multiple suspension of client's account due to breach of ToS/AUP etc.

    7. ABUSIVE CLIENTS

    Estro Web Services, may at its discretion, suspend or terminate service of any client that is abusive/harassing to our employees. Examples of such activity include, but are not limited to;
  • Verbal abuse including but not limited to cursing, yelling, threatening, etc.
  • Ongoing disregard for warnings or notices
  • Consistent mistakes/errors/changes causing unnecessary workload
  • Spamming our email addresses, ticket systems, or servers
  • Continuous involvement in flood/DDOS activity, hacked services, or other ongoing non-permitted usage
  • Consistent late payments or responses
  • Issuing a chargeback or bouncing a payment
  • Continuous activation of problematic end-users
  • Activity which affects the service(s) of other clients
  • Open disputes with payment gateways/banks without having a full discussion with our Billing/Support team
  • Cancelling your current account and re-ordering new account just to get new PROMO Discount/Plan

  • 8. BACKUPS and DATA LOSS

    Your use of this service is at your sole risk. We don't provide any kind of backups system/service. You must take your own backup manually by yourselves. We are not responsible for files and/or data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on our servers. We are NOT responsible for any kind of Data Loss caused due to any reason.

    9. PRICE CHANGE

    The amount you pay for your service will not increase from the date of purchase in the current billing cycle, however prices may be increased from next billing cycle. We reserve the right to change prices listed on our websites, and the right to increase/decrease the amount of resources given to plans at any time.

    10. Changes to the TOS

    We reserves the right to revise its policies at any time without notice.

    11. LIMITATION OF LIABILITY:

    Estro Web Services shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from Estro Web Services servers going off-line or being unavailable for any reason whatsoever. Furthermore, Estro Web Services shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any web site from one of Estro Web Services servers. All damages shall be limited to the immediate termination of service.

    12. DISCLAIMER:

    Estro Web Services cannot be held liable for system downtime, crashes, or data loss. We cannot be held liable for any predicted estimate of profits in which a client would have gained if their site was functioning. Certain services provided by Estro Web Services are resold. Thus, certain equipment, routing, software, and programming used by Estro Web Services are not directly owned or written by Estro Web Services. Moreover, Estro Web Services holds no responsibility for the use of our clients accounts. If any terms or conditions are failed to be followed, the account in question will be automatically deactivated. We reserve the right to remove any account without advanced notice for any reason without restitution as Estro Web Services sees fit. FURTHERMORE, Estro Web Services retains the right to change any or all of the above Policies, Guidelines, and Disclaimer without notification.


    By purchasing any of our services, you already agree to this Terms of Service (ToS) Agreement. If you don't agree to these services, either don't purchase any service or if already purchased, immediately cancel it. No refund will be processed in such case.

    Last Update Date : January 2017