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Eznow - VPS Service Agreement


The Service is defined as physical space within the Service Provider's Network Operations Center to house a Service Provider owned and supplied computer system and other equipments as may be required and identified within this Agreement (“Customer's Server”), limited physical access to the Customer's Server and a connection of the Customer's Server to the Internet using the Service Provider's public network connections. The VPS Service Provider ("the Service Provider") shall have the right to change, modify, add or remove all or part of the Terms of Use at any time. Customer will receive notice of such changes and/or modifications pursuant to Section 15 hereof regarding notices.


This Customer Agreement shall remain in effect until the Service provided is terminated, changed or canceled as allowed by the terms and conditions as contained herein. The Customer will be notified prior to the expiration of the Service. In case the Service is not renewed it will be terminated. The Customer agrees and understands that the Service Provider keeps the VPS one week after the service is terminated. After this period the Service Provider has the right to remove and delete Customer's data on the VPS.


a The Customer's Server may provide Services to a Customer and/or his/her customers, or the general public, for any legal purpose whatsoever, provided that:
(1) The Customer's Server may deliver only those network services specifically disclosed and agreed to herein,
(2) The Customer's server shall not be used as a spam mail relay and the Customer shall ensure that such service is shut down,
(3) to provide for credit card payment and delivery of goods or services as specified at the Site.
(4) The Customer shall not utilize the Customer’s Server for the delivery of unsolicited e-mail (spamming) or the spreading of viruses.
b The Customer is expressly prohibited from, and shall not use the Server or the Service Provider's network to, violate the security of any computer or network, crack passwords or security encryption codes, or transfer or serve any illegal materials.
c The Service provided by the Service Provider under this Agreement extends to the Customer only, and does not extend to any other person, corporation or entity, regardless of their relationship with Customer and under no circumstances will the Service Provider be obliged to support third party.
d The Customer may resell space on the Customer's Server as well as its bandwidth to third party, provided that the Customer does not:
(1) allow third party to access administration or root accounts,
(2) use the Service to provide dial-in or general Internet TCP/IP Access,
(3) provide or divulge login names or passwords provided to Customer by the Service Provider to third party and
(4) allow any such use which is in violation of this Agreement.
e The Customer and all other third party accessing or using the Customer's Server shall abide by all of the rules, regulations and policies of the Service Provider, as well as other networks and computer systems accessed via the Customer's Server, whether operated by the Service Provider, its suppliers or others. If the Customer is unsure of those policies, it is the Customer's responsibility to ascertain said policies.
f The Customer agrees to indemnify and hold the Service Provider harmless from any claims resulting from the Customer's use of the Service that damages either the Customer or another party or parties.
g Customer’s Server should not host sites that provide any contents, points of distribution, or 'links' to sites that:
(1) Infringe on any third party’s intellectual property or proprietary rights, or rights of publicity or privacy;
(2) Violate any law, statute, ordinance or regulation;
(3) are defamatory, trade libelous, threatening, unlawfully harassing, abusive, pornographic or obscene;
(4) Contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar softwares/programs that may damage the operation of a third party’s computer or property;
(5) Contain Proxy, Pirated or Hacking / Phreaking Software (Warez). Moreover, any software that is copyrighted and not freely available for distribution without cost, ROMs, ROM Emulators and Mpeg Layer 3 files (MP3) - all fall under this jurisdiction. This includes also Torent sites or links to Torent sites;
(6) Sites related or directly providing escort services;
(7) Display/distribute adult content as well as any erotic or pornographic materials, links to adult sites, or advertisements for adult sites;


a The Customer is totally responsible for the ongoing stability and the operation of the Customer's application and server. Any assistance by the Service Provider’s staff may result in additional fees.
b Under no circumstances shall the Service Provider assume responsibility for the loss of information on the Customer's Server. The Customer is responsible for all secure backups of all data on the Customer's Server, and is responsible for rebuilding their environment in the event of loss of this information caused by failure of the server, or by any act, by any party, whether accidental or intentional. The Customer has the option of hiring the Service Provider for restoration of Service at an additional fee. The Customer is responsible for providing the Service Provider with a reliable 24-hour contact in order to be notified in the event of a failure or downtime for maintenance.
c The Customer shall provide the Service Provider with a list, and replacement value, detailing any and all additional equipment and software that is installed, or to be installed, on the Customer's Server in the Service Provider's Network Operations Center.
d The Customer shall fully insure additional software and hardware installed on Customer's Server against all risk of loss, including without limitation, theft, fire, water and earthquake damage. The Customer is advised to purchase business interruption insurance to protect against lost revenue from Customer's Server in case of prolonged disruption of services or catastrophes.


a The Customer is responsible for any and all fixed and accumulative charges for their account as, defined in the current the Service Provider price list.
b The account setup fee and the first month (30 days) service are charged immediately upon the execution of this Agreement. Once the Customer's Server is installed and operational, the thirty (30) day period begins. Thereafter, hosting fees are billed on a monthly basis. The first such invoice may include appropriate charges or credits to prorate the service period to the end of the month. Incidental support or additional fees will be charged as the service is performed.
c Invoices for the Service are invoiced and payable in advance for the term of the Services. Services are subject to suspension for any account thirty (30) or more days past due and become subject to a re-activation fee.
d The Service Provider agrees to notify the Customer at least thirty (30) days in advance of any price increase which affects any services provided to the Customer under this Agreement.


Service Provider does not guarantee the network uptime and server stability which may be caused by problems including but not limited to:
(1) Server hardware breakdown;
(2) User error(s) or purposeful interruption(s) of the Service (e.g. if the Customer shuts his/her own server down, Service Provider is not responsible for the downtime);
(3) Failure due to software that is not explicitly supported by the Service Provider. If a hardware crash provoked by the Customer consequently happens, the Service Provider is beyond the control and responsibility for the resulting downtime.


a The Service Provider exercises no control whatsoever over the content of the information passing through its network. The Service Provider makes no warranties of any kinds, whether expressed or implied, for the Service it is providing. The Service Provider also disclaims any warranty of merchantability or fitness for a particular purpose. The Service Provider will not be responsible for any damage you might suffer. This includes the loss of data resulting from delays, non-deliveries, miss-deliveries, or service interruptions caused by its own negligence, omission or your errors or omissions. Use of any information obtained via the Service Provider's network is at your own risk. The Service Provider specifically denies any responsibility for the accuracy or quality of information obtained through its services.
b The Service Provider's liability hereunder for any losses or damages suffered by Customer or his/her customers with respect to the products and services or any other items under this Customer Agreement, whether direct or indirect, from any causes whatsoever, shall be limited to the amount paid by the Customer to the Service Provider for products and services ordered hereunder for a single billing period only. The Service Provider shall not be liable for any lost profits or for any claim or demand against the Customer by any other party based on any expressed, implied or claimed warranties by the Service Provider not specifically set forth in this Agreement. IN NO EVENT SHALL THE SERVICE PROVIDER BE LIABLE FOR CONSEQUENTIAL DAMAGES EVEN IF THE SERVICE PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
c Customer shall indemnify, defend and hold harmless the Service Provider, its directors, employees and agents from any actions brought against them by any third-party in connection with this Agreement or any other Agreement between Customer and a third-party from any claims resulting from the use of the service by you or any of your customers or others throughout your chain of distribution, including end-users. Customer shall pay all damages and reasonable attorney fees arising as a result of Customer's use or misuse of any rights granted herein.


a Customer shall at any time comply with all local and international applicable laws and regulations governing, restricting or otherwise pertaining to the use, distribution, exporting or import of data, products, services and/or technical data.
b The Service Provider's network may only be used for lawful purposes. Transmission of any materials in violation of any local or international applicable laws or regulations is prohibited. This includes, but is not limited to, copyrighted materials, materials legally judged to be threatening or obscene, or material protected by trade secret.


a The Service Provider shall have the right to immediately suspend or terminate this Agreement during any investigation of Acceptable Use Policy or Agreement violations, misrepresentation of the services offered by Customer's Server, inappropriate use, use of excessive system or network resources which adversely affects the performance, security or reliability of the Service Provider network, or nonpayment of service fees. In the event that the Service Provider suspends or cancels service, the Service Provider will make a reasonable effort to notify the emergency contact supplied by the Customer, prior to the actual event.
b The Service Provider shall have the right to suspend or terminate this Agreement for any reasons, by providing the Customer with written notice.
c The Customer can only cancel Services with a written notice sent to the address of the Service Provider in this Agreement. The Customer agrees that the Service Provider has the right to delete all data, file or other information that is stored on the Customer's servers, on behalf of the Customer, if either the Customer or the Service Provider cancels this account, for any reasons.


If there is any dispute about or involving the Service provided by the Service Provider, by using the Service, you agree that the dispute will be governed by the laws of the Hong Kong SAR without regard to its conflict of law provisions. You agree to personal jurisdiction by an arbitrator or a mediator and the courts of Hong Kong SAR.


If any term or provision of this Agreement is determined to be illegal, unenforceable or invalid in whole or in part for any reasons, such illegal, unenforceable or invalid provision(s) or part thereof shall be stricken from this Agreement, and such provision(s) shall not affect the legality, enforceability or validity of the remainder of this Agreement. If any provision or part thereof is stricken in accordance with the provisions of this section, then this stricken provision shall be replaced, to the extent possible, with a legal, an enforceable and a valid provision that is as similar in tenor to the stricken provision as is legally possible.


This Agreement represents the entire agreement between you and the Service Provider with respect to your use of the Service, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and the Service Provider with respect to your use of the Service.


IThis Agreement shall constitute the entire Agreement between Customer and the Service Provider pertaining to Customer's server. This Agreement shall not be modified or altered except by a written instrument duly executed by Customer and by an authorized officer of the Service Provider.


The Service Provider offers you money-back guarantee (“Money-Back Guarantee”). If you are dissatisfied with the Service for any reason, you will receive a full refund if you cancel your account within 3 days of the date you opened the account for the Service. Use of the Service even for one day in any month by you will be treated as use of the Service for the whole of the particular month in the calculation of the pro-rated amount of partial refund. The Money-Back Guarantee stated hereunder does not apply to other services provided by the Service Provider unless expressly agreed. This Money-back guarantee does not apply to product upgrade and product renewal. You acknowledge and agree that the Service Provider will not be under any obligation whatsoever to entertain any request for refund made after the expiry of one year from the date you opened the account for the Service. However, if the VPS IP is banned by the IDC center, service provider will not provide any form od refund.

15. Notices

15.1 Any notices or communications under the Agreement shall be by electronic mail or in writing and shall be deemed delivered upon receipt to the party to whom such communication is directed, at the addresses specified below. If to the Service Provider, such notices shall be addressed to or Unit 3110, Level 31, Tower one, Kowloon Commerce Centre, No. 51 Kwai Cheong Road, Kwai Chung, NT. Hong Kong If to Customerr, such notices shall be addressed to the electronic or postal address specified when Customer opens an account with the VPS, or such other address as either party may give the other by notice as provided above.