Welcome to Existean
Clients will be held responsible for any and all actions performed
by their account whether done by the account holder or by others.
If server security is compromised, the account holder is
responsible for all violations of these Terms of Service (so
called herein) and Existean.com's Acceptable Use Policy (.AUP.),
including SPAM, and all disconnect and reconnect fees associated
with violations. Existean.com does not harden or enable
additional server security software outside of operating system
The following terms constitute an agreement between you and Existean LLC (“Existean.com”). These Terms of Service govern your use of the services provided by Existean.com (the “Services”).
BY USING THE SERVICES YOU SIGNIFY THAT YOU AGREE TO THESE TERMS OF SERVICE, including that you agree to transact with us electronically, that you consent to the information practices disclosed in our AUP, and that you consent to resolve in Tarrant County, Texas any dispute that you may have with us, our suppliers, or the Services. Please note that we offer the Services “AS IS” and without warranties.
These Terms of Service govern your relationship with us and our suppliers. We may change these Terms of Service at any time, as we deem appropriate. If we make changes that we believe will have a material impact on your use of the Services, we will let you know by sending you an email if we have a current email address for you, and by noting on our website that these Terms of Service has been updated. If you disagree with the changes to these Terms of Service, discontinue your use of the Services. Your ongoing use of any Services after the changes take effect signifies your agreement to the new terms. We encourage you to review these Terms of Service regularly.
Existean.com agrees to furnish services, which
are paid for in advance by the client, to the client, subject to
complete compliance with the AUP and these Terms of Service.
Existean.com reserves the right to refuse Services to any
potential client and/or to deny renewal of Services to any
existing client, at the sole discretion of Existean.com.
Existean.com's Terms of Service and
AUP are both subject to change at any time and without notice at
the sole discretion of Existean.com. A change in policy shall not
be grounds for early contract termination or non-payment. Client
recognizes that the nature of the service supplied and the initial
rates and charges have been communicated to the client. The client
is aware that from time to time rates may change based on
availability of hardware, overall market conditions or other
factors. Clients will be notified of any increases in rates or
charges prior to the billing renewal date on which such increases
will take effect.
Services interrupted for non-payment may be subject to a $25 late fee. Data
stored on a client’s services will not be available to the client
until reconnection is established or alternative arrangements are
made to the sole satisfaction of Existean.com. Clients
deactivated for non-payment or charge-back are subject to their
data being destroyed seven (7) days from suspension/charge-back
date. Existean.com is not responsible for data integrity,
regardless of circumstance. Existean.com strongly recommends
keeping up to date and off network backups to protect against data
No Services rendered by Existean.com are eligible for a refund. Prepayments and account credit are
ineligible to be refunded, or transferred to alternate accounts.
Any and all charge disputes must be reported directly to
Existean.com within thirty (30) days of the date which the charge
originally occurred. If a charge which is deemed valid by
Existean.com, and validated by our Terms of Service or AUP, is
disputed to a financial institution by performing a charge-back,
then the client agrees to pay an ‘Administrative Fee’ of $200 in
addition to original amount of funds which were reclaimed.
In the event a service is suspended for non-payment,
it will be subject to termination seven (7) days from the time of
suspension. At which time, a termination fee of $50 will be
applied to the account which must be paid within 15 days to avoid
full account suspension. Existean.com assumes no liability for
the integrity of the data stored on a suspended server.
Existean.com requires a seven (7) day notice of
cancellation prior to the billing renewal date for the upcoming
billing cycle, submitted via support ticket. A seven (7) day
notice before the upcoming billing date is also required for any
downgrades. All client data will be destroyed immediately after
the cancellation date. If the notice of cancellation is not
provided within seven (7) days, the server will still be canceled
however a termination fee of $50 will be applied to the account
and must be paid within 15 days to avoid full account suspension.
If you have signed a
longer term contract to reduce pricing - Existean.com requires a
seven (7) day notice of early termination of contract prior to the
billing renewal date for the upcoming billing cycle, submitted via
support ticket. There will be an early termination fee to be
determined by management in order to cancel the contract early.
Fiber Circuits, Office Space, and Full-Cabinet Colocation are
exempt to this policy and there is no option for early contract
In the event fraud is discovered the fraudulent
account, and all related accounts, are subject to immediate
suspension or termination at the sole discretion of Existean.com.
All information available to Existean.com about the fraudulent
account/service shall be submitted to both local authorities, as
well any financial institutions involved. All fraudulent orders
are investigated, and all fraudulent clients will be prosecuted to
the fullest extent of the law, whether within the United States,
THE SERVICES .AS IS., .WITH ALL FAULTS. AND .AS AVAILABLE.. WE AND
OUR SUPPLIERS MAKE NO EXPRESS OR IMPLIED WARRANTIES OR GUARANTEES
ABOUT THE SERVICES. TO THE EXTENT PERMITTED BY LAW, WE AND OUR
SUPPLIERS DISCLAIM IMPLIED WARRANTIES THAT THE SERVICES ARE
MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, FIT FOR A
PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. WE AND OUR
SUPPLIERS DO NOT GUARANTEE THAT THE RESULTS THAT MAY BE OBTAINED
FROM THE USE OF THE SERVICES WILL BE EFFECTIVE, RELIABLE, ACCURATE
OR MEET YOUR REQUIREMENTS. WE DO NOT GUARANTEE THAT YOU WILL BE
ABLE TO ACCESS OR USE THE SERVICES (EITHER DIRECTLY OR THROUGH
THIRD-PARTY NETWORKS) AT TIMES OR LOCATIONS OF YOUR CHOOSING. NO
ORAL OR WRITTEN INFORMATION GIVEN BY A LOS ANGELES Existean, INC.
REPRESENTATIVE SHALL CREATE A WARRANTY. You may have additional
consumer rights under your local laws that this contract cannot
change. You use the Services at your own risk. YOUR SOLE AND
EXCLUSIVE REMEDY FOR ANY DISPUTE WITH US OR OUR SUPPLIERS IS THE
CANCELLATION OF YOUR ACCOUNT. IN NO EVENT SHALL OUR, OUR
AFFILIATES’ AND OUR SUPPLIERS’ AGGREGATE AND CUMULATIVE LIABILITY
TO YOU FOR ANY AND ALL CLAIMS RELATING TO THE USE OF THE SERVICES
EXCEED THE TOTAL AMOUNT OF FEES, IF ANY, THAT YOU PAID DURING THE
PERIOD DURING WHICH SUCH CLAIMS AROSE. WE, OUR AFFILIATES, AND OUR
SUPPLIERS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL,
INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM YOUR
USE OF OR INABILITY TO USE THE SERVICES. THESE EXCLUSIONS APPLY TO
ANY CLAIMS FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK
STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL
DAMAGES OR LOSSES, EVEN IF WE KNEW OR SHOULD HAVE KNOWN OF THE
POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS
DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR
CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR
JURISDICTIONS, OUR LIABILITY, AND THE LIABILITY OF OUR AFILLIATES
AND SUPPLIERS, SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY
You agree to defend, indemnify, and hold harmless us, our employees, contractors, officers, directors, agents, affiliated companies, and suppliers, from all liabilities, claims, and expenses, including attorneys’ fees, which arise from your use or misuse of the Services. We reserve the right to assume control of the defense of any third party claim that is subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
provides hardware support related to each direct client’s service
functioning. Existean.com does not offer software support of any
kind. Existean.com does not provide software
support/troubleshooting for the software items chosen from the
order form. Existean.com only ensures the correct default
installation of any software item chosen from the order form, and
in no way assumes liability for the configuration of any of the
installed software. Existean.com is not responsible for any
downtime associated with the incorrect configuration of operating
system kernels or any software, whether installed by Existean.com
or the client. Existean.com may provide enhanced software support
(including kernel configuration) for an additional fee. Please
contact sales or support for enhanced support pricing. Each client
is eligible for one (1) complimentary operating system (.OS.)
reload per billing cycle; each additional OS reload is $50 per
reload. Installation of an unsupported OS is subject to the prior
approval of Existean.com and to a $50 fee. Existean.com does not
provide any type of support to the clients of our clients (third
party clients). Existean.com will only provide support directly
to clients of Existean.com.
Existean.com reserves the right to deny mail delivery from any
servers hosted on our network if they are believed to be involved
in SPAM or SPIM activities. This includes spam support services
such as DNS or spamvertised web sites. Our abuse department will
locate abusive servers based on public blacklist monitors, abuse
reporting from external networks, and other means. If our abuse
department receives a report or otherwise becomes aware of
abuse-related activities active on our network, we will identify
the server the abuse was initially sent from (via IP and in some
cases by domain) and create a ticket on behalf of the user who
occupies the server with information regarding the abuse such as
logs describing the abuse and an explanation of what abuse took
The following actions will be taken on a case-by-case basis:
An abuse ticket serves as notification that our abuse department has received reports of abuse originating from the server. We require a client response to ALL abuse tickets within 48 hours of the ticket being opened. Typically no service will be suspended or filtered within the first 48 hours of an abuse ticket being opened. If a response is not received within 48 hours, or the server is determined to be abusive (or likely to be abusive in the case of spam blacklistings) after the ticket is opened, our abuse technicians may filter or disable ports or IPs assigned to the server temporarily to prevent further abuse until a response is received.
If a response has not been received to an abuse ticket within 7 days of being opened, the server is eligible for suspension and may be completely disabled until we receive a response.
Habitual neglect of abuse occurring on a client’s server may lead to service termination or longer-term port filters as some blacklistings can take several weeks to time out or be removed.
Existean.com reserves the right to refuse services to any client whose account(s) have been fined or terminated for abuse-related activities. If an IP range or IP address has been blacklisted as a result of excessive abuse reports, Existean.com reserves the right to issue a fine of $200 and immediately terminate the service.
Compromised servers issued abuse notifications: If our abuse department suspects that abuse reports associated with a client’s server are a result of the server’s security being compromised, our abuse department will offer the following options:
At the discretion of our abuse department, we will typically offer the ability to log in to the server and remedy the security compromise while leaving the abusive traffic filtered.
Offer an Operating System reinstallation, setting the configuration back to the original state it was provisioned in.
If Operating System reinstallation is not accepted as an option, Existean.com may offer to manually retrieve/repair the files on the server, at a fee to be assessed and paid prior to any work being done.
Habitual security compromises that result in abusive traffic being transmitted or received from the server may result in service termination.
If a client wishes to dispute any abuse reports, or any fine assessed in connection with abuse reports or blacklistings, the client must provide Existean.com with an explanation via Existean.com’s ticketing system within 10 days of the abuse ticket being opened.
handles any and all Digital Millennium Copyright Act (.DMCA.)
complaints very seriously, and will thoroughly investigate each
complaint received. Existean.com reserves the right to pursue
civil remedies for any costs associated with the investigation of
a substantiated policy violation.
The following actions will be taken on a case-by-case basis:
A ticket is opened as a warning, providing 48 hours to resolve the situation.
After 72 hours with no resolution, services on the server in question will be suspended.
After 7 days of being suspended and the issue not having been resolved, services on the server in question will be canceled and an Abuse Charge of $200 will be placed on the account. All client data will be destroyed immediately after the cancellation date.
Users who violate this policy and fail to resolve the situation within 48 hours agree that in addition to these administrative penalties, they will pay .Research Fees’ not to exceed $50 per hour that Existean.com personnel must spend to investigate the matter, to be charged only if claims are found to be valid.
Clients agree to pay any and
all bandwidth overage charges accrued on their account from the
previous billing cycle. Bandwidth overage charges are billed per
gigabyte at a rate of $0.05 (five cents) over the allotted
bandwidth on the service. Existean.com reserves the right to
suspend any account which does not pay bandwidth overage charges
within 15 days. Existean.com is not responsible for spikes in
bandwidth that are caused on a client’s service for any reason.
Client assumes liability for all bandwidth to and from their
services. If issued an expected to exceed bandwidth notification,
clients are required to make payment arrangements within 24 hours
of that notification to prevent possible service interruption
until adequate arrangements are made. These arrangements may
include being required to pro-actively upgrade bandwidth.
Existean.com provides many high transfer allocation
limits as well as unmetered connections. Accounts with servers
that are found to be abusing the network with acts including, but
not limited to: reflection and other flood attacks, 90% port
saturation in one or both directions over extended time periods,
or traffic found to be interfering with other services, will find
their port speed initially restricted while an investigation is
completed. Results of the investigation will include any of the
following: future mitigations put in place, service suspension, or
service termination depending on severity and user history.
Clients agree to submit to identity
verification measures, designed for both the security of the
client as well as the security of Existean.com. The identity
verification measures may include the email of two forms of
government issued identification to Existean.com, as well as a
front and back copy of the credit card used for payment, as well
as a copy of a utility bill with the billing address. In certain
circumstances additional identity verification may be required, in
addition to the previously listed forms.
keeps all client information private and will not publicly
disclose that they are providing services to the client unless
permission is received on a case-by-case basis. Existean.com
reserves the right to use client quotes for promotional uses. Such
quotes will be anonymous unless the client agrees to disclosure of
All communications from Existean.com and the client are strictly confidential and for the intended use of the addressee only. Any disclosure, use or copying of the information by anyone other than the intended recipient is prohibited and you agree to be held liable for damages if you violate this agreement, forward the information, post it or allow it to be posted online in public or private forums or venues.
Your affirmative act of using the Services constitutes your
electronic signature to these Terms of Service and your consent to
enter into agreements with us electronically. You also agree that
we may send to you in electronic form any privacy or other
notices, disclosures, reports, documents, communications or other
records regarding the Services (collectively, .Notices.). We can
send you electronic Notices to the e-mail address that you
provided to us during registration. The delivery of any Notice
from us is effective when sent by us, regardless of whether you
read the Notice when you receive it or whether you actually
receive the delivery. You can withdraw your consent to receive
Notices electronically by canceling or discontinuing your use of
the applicable Services. In order to receive Notices
electronically, you must have a personal computer with a modem
connected to a communications source (telephone, wireless or
broadband), and a Windows-based or a Macintosh-based operating
system with an Internet browser. You will need a printer attached
to your personal computer to print any Notices. You can retrieve
an electronic copy and a printable version of this contract by
clicking on the .Terms of Service. link on any web page that hosts
any of the Services. All contracts completed electronically will
be deemed for all legal purposes to be in writing and legally
enforceable as a signed writing.
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.
You agree that the laws of the State of
Texas 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 Tarrant County,
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 TARRANT COUNTY, TEXAS 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 TARRANT
COUNTY, TEXAS FOR THE PURPOSE OF RESOLVING ANY SUCH DISPUTES
Terms Of Service By accepting
this agreement you accept and adhere to our reseller policy. This
policy while explicit is not limited to the text in this
agreement, our Terms Of Service applies and is required you review
before starting services with us, this can be found at
Reseller services are NOT to be used for or in any form to provide services that include but are not limited to spam, phishing, scam, fraud, illegal pornography, abuse, theft, trafficking, unwarrented tracking, hacking, denial of service attacks, digital content theft such as television shows, movies, software, 'warez' or any form of content that otherwise would be paid for-- no form of activities that are deemed illegal by any official authority domestically or internationally alike. This is a ZERO TOLERANCE POLICY, we reserve the right to terminate all services and the reseller without refund or recompense. Existean reserves the right to make this decision at any time.
Resellers are required to backup their own services and that of their own customers. We do not provide backups of data! Our Cloud based machines are raid protected for real time stability, beyond that we do not provide anything more.
"Trickle down support"
We require resellers to resolve all issues in relation to their customers who are hosted on our platform, we will not allow nor entertain trickle down support in the form of reseller customers reaching out to our support portal, to do so will be forwarded back to the reseller. Additionally, issues outside of the scope of our obligation to hardware stability and general up time will require the reseller to resolve on their own. i.e. A reseller receives a request from their customer and rewords, rephrases or simply forwards/passes it onto our support to resolve will also be rejected. Resellers are expected to support their own customers.
Resellers are expected to monitor their usage and that of their customers to ensure no one VPS server/customer causes resource usage that is deemed abuse-- This includes CPU usage, memory & swap overages, drive and network input/output. We reserve the right to suspend/terminate any VPS server/customer we see as abusing before mentioned resources. Existean reserves the right to make this decision at any time.
Resellers are responsible for the IP addresses they issue to VPS servers and their subsequent customers, we have a zero tolerance for spam. Spam included, IP addresses tarnished in any way will result in the termination without refund of services immediately. US Existean reserves the right to make this decision at any time. Resellers placing orders containing a large amount of IP addresses will require IP justification, Existean may decline such orders and require resellers to start with a lower amount then upgrade IP address allocations over time, 'upgrade as you go'.
Last Revised 6.11.2020