Terms of Service (TOS)
This terms of service is an agreement between you, the customer, (including you, and any agents or representatives authorized by you), which may heretofore be referred to as "you", "your", "customer" or "user(s)", and NewYorkCityServers, which may heretofore be referred to as "we", "us", "our", "NewYorkCityServers,", "NYCServers", "NYCS", or "NewYorkCityServers.com".
NewYorkCityServers may modify this agreement at any time. You are obligated to follow this agreement and any modifications upon use of services provided by NewYorkCityServers. To view the last time this agreement was modified, visit section 5.2 below.
Table of Contents
Our invoicing system works as follows: Customer places an order for a specific product or service. Immediately after the order has passed our automated anti-fraud system, an invoice will be generated under the customer's account. Once this invoice has been paid in full, we will then begin the provision of the customer's service or product. 14 days before the expiration of the service, a new invoice is generated for the next billing period. In addition a courtesy email is sent to the customer informing them of the new invoice. 7 days before the invoice is due, a courtesy reminder email is sent notifying the customer that the invoice is due in 7 days. When the invoice becomes 24 hours overdue, the overdue service is suspended and an email is sent to the customer. After 48 hours of the invoice being overdue another email is sent to the customer. After 72 hours of the invoice being overdue a late fee is added to the invoice. After 5 days of the invoice being overdue, the service is terminated.
NewYorkCityServers accepts payment using the following methods: Paypal, Paypal subscription, debit card, and credit card. When placing your order you will be given the option to setup a Paypal subscription. By setting up a Paypal subscription, money will automatically be taken from your Paypal account to pay for future invoices. It is the responsibility of the customer to cancel their Paypal subscription should they need to. Paypal payments are only accepted from verified accounts. In addition, the email address that is associated with the Paypal account must match the email address that is used on the customer's NewYorkCityServers account.
NewYorkCityServers will refund and cancel orders that it deems high risk, possible fraud, or suspicious. In addition we reserve the right not to disclose the reason for the refund.
1.3 Payment Disputes
Opening a payment dispute through our payment processors will result in instant suspension of all active services that the customer has under their account. In addition NewYorkCityServers reserves the right to terminate all services under the customer's account without the option of refund.
1.4 Fraudulent Orders
Any order placed on the NewYorkCityServers website is automatically scanned for possible fraud or suspicious activity. If our anti-fraud software deems the order high risk, it is set aside for manual review. It is at the sole discretion of NewYorkCityServers to determine whether or not we wish to proceed with accepting the order.
In the event that an order gets passed our anti-fraud checks and is later discovered, the account and services are subject to immediate suspension and/or termination. In addition all information regarding the fraudulent account will be forwarded to both local authorities as well as the payment processor that is involved. Fraudulent orders will be investigated and prosecuted to the fullest extent of the law, whether the customer resides in the United States or abroad.
2.1 The Order System
NewYorkCityServers provides an online automated order system from where clients may create an account and place their order. After an order has been placed, our ordering system will run an automated anti-fraud check. If the order is deemed not suspicious then the customer is allowed to pay their order invoice and we will begin provisioning their order shortly after. Should our anti-fraud system deem the order as suspicious the order will be held for manual review by a NewYorkCityServers staff member.
2.2 Order Verification
NewYorkCityServers reserves the right to request addition information from the client to verify the legitimacy of the order. The information we may request includes, but is not limited to: a copy of the client's passport, a copy of the client's driving license, and a copy of the clients credit card that was used to pay for the order. Failure to provide additional requested information will result in the customer's order being cancelled and a full refund being sent.
2.3 Credit Card Authorization Form
In addition to requesting the addition order verification documents, NewYorkCityServers reserves the right to request the customer to fill out a credit card authorization form. By completing the credit card authorization form, you are stating that you are the owner of the credit card and you are giving permission to NewYorkCityServers to charge the card for your service payment.
3. Service - Dedicated Servers
3.1 Description Of Service
When ordering a dedicated server the customer shall receive a bare metal dedicated server with their choice of operating system installed, if the customer chooses to have us install the operating system for them. In addition the customer will also receive access to the server's IPMI/KVM control panel so that they can have full control and access over the server.
3.2 IPMI/KVM Access
All of our dedicated servers come with access to the Intelligent Platform Management Interface (IPMI) for their server. In addition to IPMI access, the customer also receives keyboard, video, and mouse (KVM) access for their server. Both IPMI and KVM are powerful tools to control the customer's server. If these powerful tools are used incorrectly they may also cause damage to your dedicated server. NewYorkCityServers cannot be held responsible for any damages that occur due to customer's improper use for the IPMI or KVM tools.
By default, all our dedicated server plans comes with unmanaged support. This means that NewYorkCityServers is only responsible for providing support for server hardware and network problems. On unmanaged dedicated server plans, all software related problems must be resolved by the customer.
3.4 Data Loss
The customer is responsible to maintain backups of their data. NewYorkCityServers cannot be held for any data losses due to, but not limited to hardware failure, power outage, or human error.
3.5 Resolution Of Server Hardware Problems
We are dedicated to resolving any server hardware problems as quickly as possible. In the event that the customer suspects there is a hardware problem with their dedicated server, they should immediately open a support ticket from their customer portal. Inside of the support ticket the customer should provide proof of the hardware issue or ask NewYorkCityServers to investigate the possibility of a hardware problem. If we deem that there is indeed a hardware problem with the server, we will begin working immediately to replace the failed hardware.
3.6 Bandwidth Overages
By default all dedicated servers are assigned 10TB of bandwidth per month. In the event that the customer exceeds their monthly allotted amount of bandwidth, they will be charged $0.50 per gigabyte that they exceed. In addition NewYorkCityServers reserves the right to limit the customer's port speed if they go over their monthly bandwidth allotment. The customer can have their port speed restored to normal speed by upgrading their bandwidth package.
3.7 Acceptable Use
Our services may only be used for lawful purposes only. Transmission, distribution, storage, or linking to of any material in violation of any applicable law is strictly prohibited. Failure to use our services for lawful purposes will result in service terminated as well as your information being turned over to law enforcement.
Spam: NewYorkCityServers has a zero tolerance for spam. We strictly profit a customer to transmit spam or host a site that is advertised via spam. Spam is defined as "any form of unsolicited advertisement or informational announcement that is transmitted, whether singularly or in bulk, via any Internet-based communications medium including, but not limited to, Microsoft Messenger Service; Chat Programs; e-mail, Internet phone, instant and text messaging (SMS) and IRC applications".
Phishing:Customers are not allowed to use NewYorkCityServers' services to host phishing websites. Phishing is defined as "websites that attempt to steal a user's login information or other personal data". Users who unknowingly have phishing websites hosted on their services will receive a warning and will be asked to remove all phishing websites. Repeat offenders risk possibility of suspension or termination at anytime.
Denial Of Service Attacks:It is absolutely unacceptable for a user to use their service to conduct or take part in a DDos attack in any manner. Doing so will result in permanent service termination immediately. If a customer is the target of a Dos or DDos attack, we reserve the right to temporarily suspend the service that is targeted. This includes null routing the IP address that is being attacked. NewYorkCityServers reserves the right to deny websites or services that are frequently targeted by DDos or Dos attacks.
Other prohibited content includes, but is not limited to:violating of applicable trademark or patent law, illegally defaming or slandering another person/group, transmitting threatening messages, attempting to hack into any network or system that does not belong to you, and any action that may cause legal liability for NewYorkCityServers.
3. Service - Forex VPS
NewYorkCityServers provides a VPS service for which Forex trading software can be hosted. We do not provide financial advice, money services, or a guarantee of profitability by using our VPS hosting service. Customers take full responsibility of any and all trades executed on our systems.
4.2 Acceptable Use
Customers are allowed to run any legally obtained trading applications and other financial software on their VPS. It is strongly advised not to use your VPS for website hosting, gaming servers, or any other form of hosting other than for financial applications.
NewYorkCityServers guarantees that our Forex VPS trading platform will be available 100% of the time during market hours. Any and all maintenance is scheduled outside of market hours and does not affect our 100% uptime guarantee. In addition any server hardware failures do not count against our 100% uptime guarantee. In the event of a hardware failure, NewYorkCityServers will begin working immediately to resolve the failure.
4.4 Data Backups
Each customer is responsible for keeping an up to date backup of any and all data that is hosted on their VPS. NewYorkCityServers cannot be held responsible for any data loss due to customer negligence or any other event. NewYorkCityServers does take weekly backups of all customer data, which may be used for data restoration in event that the customer requests it. However, we do not guarantee that a backup can be provided for the customer.
4.5 Acknowledgements And Risk
The customer acknowledges and understands that Forex and other trading activities are high risk. Using our VPS platform does not make trading any less risky. The customer understands and agrees that NewYorkCityServers cannot be held liable for any losses or damages related to any trades executed on our platform.
The customer acknowledges and understands that trading on our platform maybe interrupted by reasons outside of NewYorkCityServer's control. The customer agrees that we cannot be held liable for any damages that occur due to interruptions outside of our control.
5.1 Legal Jurisdiction
In the case of any legal action, customer agrees that the effective jurisdiction will be in New York, New York, USA, unless this jurisdiction is not allowed by law. Applicable laws that must be followed when using our services include US law. Because our servers are located in New York, and our business is run out of Connecticut, laws from either or both states may also apply, depending on the particular situation.
5.2 Effective Date
The NewYorkCityServers' terms of service was last updated on 02/15/2016.