Terms of Service (ToS)

Terms of Service (ToS)

Use of HPSOL’s systems and services based in the United States (hereinafter – the Services) is subject to the below Terms of Service USA. (hereinafter – ToS US) provisions. The use of the Service by Customer, therefore, constitutes acceptance of the ToS US.

The ToS US is designed to provide a clear understanding of the rules, regulations, and restrictions on the use of our Services based in the Unites States.

Limitation of Liability
HPSOL complies with the laws and regulations of the United States and does not have control over the way the service is being used.

Customer agrees to defend, indemnify, and hold harmless HPSOL, its employees, contractors, agents, affiliated companies and suppliers from all liabilities, claims, and expenses, including attorneys’ fees, which might arise from misuse of the Services by the Customer.

It is Customer’s obligation to ensure the accuracy, integrity, title or ownership, and security of anything Customer posts/receives via Internet. Customer agrees that HPSOL has no liability for the content Customers access on the Internet.

Every action that is performed through Customer’s Services is deemed to occur at the Customer’s risk, liability, and obligations. If there is a suspicion of abuse, the Customer shall report it to HPSOL as soon as possible.

Compliance with laws
Customer shall not use the Services for actions that violate the United States laws and regulations. The Customer is prohibited from posting or transmitting any unlawful material on or via the Internet.
The following violations are considered a breach of HPSOL’s Terms and conditions, ToS US and will result in suspension or cancellation of the Service and any fees paid in advance of such suspension or cancellation are non-refundable.

This includes, but is not limited, to:

The operation or control of botnets, viruses, Trojan horses or the like.
Storage or distribution of content related to fraud, under legal age nudity, misleading trade practices, pyramid schemes, Ponzi schemes or multi-level marketing systems.
Distribution of materials containing child pornography, rape and otherwise illegal content.
Transmission of unsolicited commercial electronic messages (“spam”).
Terrorism or related activities, or the assistance or encouragement thereof.
The intentional infringement of a third party’s trademark, or intellectual property rights.
Failure to adhere to reasonable security standards and best practices, including (but not limited to) using outdated software and permitting insecure passwords.
Initiation or toleration of processes that can be reasonably assumed to be a nuisance to the general public and/or have a detrimental effect on the systems used for hosting the Services, including without limitation the execution of denial-of-service attacks, port scanning, automated password cracking or the mass email sending.

Technical requirements
When using the Service, a Customer shall comply with the following technical requirements:

Any header modification is forbidden.
Sending traffic from IPs not assigned by HPSOL is forbidden.
Using any IP addresses other than those assigned to external interfaces is forbidden.
Live streaming and setting up of VPN servers is prohibited without securing HPSOL’s approval first.
he server on the 100 Mbps port cannot use more than 70% of the allocated bandwidth for more than 3 hours a day.
Active DHCP services on external Ethernet interfaces are forbidden.
Multicast on external interfaces is forbidden.
Port scanning is forbidden.
The amount of MAC addresses cannot exceed the amount of assigned IPs.
IP spoofing as well as any other falsification of identification data used in network protocols, when transferring data to the Internet, is forbidden.

Resolution of issues
The customer is required to provide HPSOL with accurate information during the course of the Services and when corresponding with HPSOL. It is Customer’s obligation to maintain and enforce these provisions, to maintain its own email addresses for reports and to promptly and appropriately respond to all emails sent to these addresses.
HPSOL bears no responsibility or liability for interruption of Service, or damages of any sort, based on communication that was misdirected as a result of Customer’s failure to provide HPSOL with updated contact information.

In the event HPSOL deems that there are possible infringements, damages or other dangers to the operation of its systems or network or third parties and/or Services provided via the Internet, in particular, the leakage of personal data or virus activity, Trojans and similar software, HPSOL will immediately notify the Customer about such incident via email or other means of communication. HPSOL does its outmost to prevent such dangers or their materialization. HPSOL makes every effort to ensure that any temporary implemented measures will not have a detrimental impact and/or will not change the provision of Service.

In connection to the use of the Services, a Customer shall adopt and apply an abuse handling procedure, which is compliant with HPSOL’s compliance procedure, with the law that applies to the Terms and Condition and with US laws and regulations. HPSOL, in its sole discretion, will determine what action shall be taken in response to a violation of its ToS US on a case-by-case basis. Any services takedown notice that is not processed via HPSOL’s compliance procedure will be discarded.

No failure or delay in enforcing any right or exercising any remedy hereunder shall operate as a waiver thereof.

Entire Agreement
This contract and any supplemental terms, policies, rules and guidelines posted on our website constitute the entire agreement between you and us and supersede all previous or contemporaneous written or oral agreements. If any part of these Terms of Service is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

Choice of Law and Location for Resolving Disputes
You agree that the laws of the State of California govern this contract and any claim or dispute that you may have against us or our suppliers, without regard to the conflict of laws rules thereunder, and that the United Nations Convention on Contracts for the International Sale of Goods shall have no applicability. You further agree that any disputes or claims that you may have against us or our suppliers will be resolved exclusively by a court located in Orange County, California. PLEASE NOTE THAT BY AGREEING TO THESE TERMS OF USE, YOU ARE: (1) WAIVING CLAIMS THAT YOU MIGHT OTHERWISE HAVE AGAINST US BASED ON THE LAWS OF OTHER JURISDICTIONS, INCLUDING YOUR OWN; (2) IRREVOCABLY CONSENTING TO THE EXCLUSIVE JURISDICTION OF, AND VENUE IN, STATE OR FEDERAL COURTS IN ORANGE COUNTY, CALIFORNIA OVER ANY DISPUTES OR CLAIMS YOU HAVE WITH US RELATING TO OR ARISING OUT OF THE SERVICES, THE SERVICE OR THE AGREEMENT; AND (3) SUBMITTING YOURSELF TO THE PERSONAL JURISDICTION OF COURTS LOCATED IN ORANGE COUNTY, COLIFORNIA FOR THE PURPOSE OF RESOLVING ANY SUCH DISPUTES OR CLAIMS.

TOS US modification
ToS US is not exhaustive. HPSOL reserves the right to modify the ToS US at any time. Such modifications shall become immediately effective upon posting of the modified ToS US and will be communicated electronically to Customer.The continued use of the Services after a modification has been communicated, constitutes Customer’s acceptance of the ToS US.