Our terms of service outline the rules and guidelines for using our services.
These terms and conditions (“Agreement”) outline the general terms and conditions for using the VPS Server Host (“Website” or “Service”) and its related products and services (“Services”).
This Agreement is legally binding between the Website operator (“Operator,” “we,” “us,” or “our”) and you (“User,” “you,” or “your”). If you are entering into this agreement on behalf of a business or other legal entity, you represent that you have the authority to bind such an entity to this agreement. If you do not have such authority or do not agree with the terms of this agreement, you must not accept this agreement and may not access or use the Website and Services.
By accessing and using the Website and Services, you acknowledge that you have read, understood, and agreed to be bound by the terms of this Agreement. This Agreement is an electronic contract between you and the Operator and governs your use of the Website and Services, even though it is not physically signed by you.
1. Membership and Account
To use the Website and Services, you must be at least 18 years of age. By creating an account, you accept full responsibility for maintaining its security and all activities associated with it. You must provide a non-domain email address that we can use to contact you. We may monitor and review new accounts and terminate accounts with false information. If you suspect any unauthorized use of your account or security breaches, you must notify us immediately. We reserve the right to suspend, disable, or delete accounts that violate any provision of this Agreement or damage our reputation and goodwill. We may also block your email address and Internet protocol address to prevent further registration.
You agree to pay for our services in advance of the time period for which they are given. We reserve the right to adjust the monthly payment amount and any other costs at any time, with no impact on current customers. We may change the rates displayed on VPS Server Host and the amount of resources allocated to plans at any time. Customers with contract pricing will not be affected by price changes throughout the contract period.
3. Payment Terms
You must pay for our services in advance, and we will bill you on a recurring basis until you cancel them. We may adjust your monthly payment and other fees at any time, but this will not affect existing customers.
4. User Content
All services must be used only for authorized purposes. This includes, but not limited to, copyrighted, dangerous or obscene content. You agree to indemnify VPS Server Host from any claims arising from your use of our services. In case we receive a complaint or find any usage of the services listed below, your VPS will be immediately suspended.
Examples of Unacceptable Material on All Shared Hosting servers:
⦁ Phishing Site
⦁ Hateful/Racist/Harassment oriented sites
⦁ Hacker focused sites/archives/programs
⦁ Sites promoting illegal activities
⦁ Forums and/or websites that distribute or link to warez/pirated/illegal content
⦁ Bank Debentures/Bank Debenture Trading Programs
⦁ Sale of any controlled substance without prior proof of appropriate permit(s)
⦁ Prime Banks Programs
⦁ Fraudulent Sites (Including, but not limited to sites listed at aa419.org & escrow-fraud.com)
⦁ IRC Scripts/Bots
⦁ Pirated Software/Warez
⦁ Bruteforce Programs/Scripts/Applications
⦁ Mail Bombers/Spam Script
We do not own any Content that you submit on the Website while using the Service. You are solely responsible for the accuracy, quality, legality, and intellectual property ownership or right to use of all submitted Content. We may, but not obligated to, monitor and review the Content on the Website that you submit or create using our Services.
You grant us permission to access, copy, distribute, store, transmit, reformat, display and perform your user account’s Content solely for providing the Services to you. We reserve the right, though not obligated, to refuse or remove any Content that we deem harmful or objectionable. You also grant us a license to use, reproduce, adapt, modify, publish or distribute the Content created by you or stored in your user account for commercial, marketing or any similar purpose.
5. Free Product Addons Agreement
Clients who do not add any free product addons to their order(s) are not eligible for a free product addon. Therefore, any requests for a free product addon will be rejected. Free product addons cannot be sold or resold.
6. Data Protection
VPS Server Host is not liable for any files or data on your account. You are responsible for all files and data sent, as well as keeping necessary backups.
7. Links to Other Resources
While the Website and Services may provide links to other resources, we are not implying any endorsement or affiliation with any linked resource. We do not warrant the offerings, actions, products, services, or content of any third parties.
We are not responsible for examining or evaluating the content of these resources, nor do we assume any responsibility or liability for their actions. It is your responsibility to review the legal statements and conditions of use of any linked resources. By accessing any off-site resources, you do so at your own risk.
8. Prohibited Uses
Besides the terms set forth in the Agreement, you cannot use the Website, Services or Content: (a) for unlawful purposes; (b) to encourage or engage in unlawful acts; (c) to breach regulations, rules, laws, or ordinances; (d) to infringe upon our intellectual property rights or others; (e) to harm, harass, defame, or discriminate based on various factors; (f) to provide misleading information; (g) to upload malicious code or viruses; (h) to engage in spamming or phishing; (i) for immoral or obscene purposes; or (j) to interfere with security features. Violating these terms may result in termination of services.
9. Account Suspension and Termination
We may suspend your account immediately on the service due date or terminate it 7 days after the due date, and any data cannot be recovered after the service is terminated. Please report to us immediately if you want to revoke your cancellation request.
We reserve the right to terminate your account at any time if you are found breaking the rules or abusing the server. The Anti-Fraud Command Center constantly monitors all internet activities to prevent any unlawful or fraudulent activity. If your account is suspended for server abuse, you may request to have it unsuspended. There is no charge for the first incident, a penalty of $200 for the second incident, and no reactivation for the third incident. You can cancel your services at any time, but domain registration fees will not be returned. For Cloud VPS Hosting, we offer a 30-day money-back guarantee. If you paid for a license cost, it will not be refunded, and you will be billed monthly. We provide a 30-day cancellation period for quarterly, semi-annually, annually, biennially, and triennially billing cycles and a 7-day cancellation period for monthly billing cycles.
11. PayPal Subscription
A PayPal subscription is an approved payment agreement that includes recurring payments, subscriptions, and automatic billing. You are responsible for terminating any associated PayPal subscriptions with canceled services. We are not responsible for subscriptions within your PayPal account. Failure to cancel your PayPal membership results in automatic payments. Any overpayments will be credited to your account balance.
12. Referral Program
The stated reward percentage applies to all plans except for domain registration/renewal, setup fees, and extra add-ons. Funds are held for 30 days before crediting the affiliate’s account to prevent fraud. Rewards earned from refunded payments are forfeited. We pay to bank account, PayPal, or credit balance, and the affiliate is responsible for any gateway fees.
Affiliates may promote our services through referral links on their websites, forums, and blogs. Special discounts, coupons, or promo codes are not commissionable. Affiliates cannot receive credit for personal hosting purchases. New accounts must use different PayPal or bank accounts than the referral to qualify for rewards credit. We reserve the right to reverse commissions, terminate affiliate program membership, and amend terms and conditions at our discretion.
13. Usage of Resources
– Shared Hosting
Without prior notice, suspensions may be made for the following:
– Initiating any process that requires more than 64MB of memory space, uses more than 30 CPU seconds, or more than 5% of all available system resources at any time.
– Running any type of interactive real-time chat applications that require server resources. Remotely-hosted services are fully allowed.
– Running stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD.
– Running any software that interfaces with an IRC (Internet Relay Chat) network.
– Running any bittorrent application, tracker, or client.
– Participating in any file-sharing/peer-to-peer activities.
We offer unlimited add-on domains. However, no free domain is allowed on an add-on domain.
– VPS Hosting Fair Usage Policy
CPU resources are allocated to provide enough resources to overcome sudden application needs. VPS using CPU resources at 100% (or a level which affects other VPS on the same server) for over 12 hours will be throttled down to a level where other VPS on the node can share resources equally. Before throttling down the CPU power, we will try to migrate to a less usage server. This fair usage policy is implemented to ensure performance for every customer. We will request you to upgrade to a dedicated server if your usage is intensive.
You are allocated a monthly bandwidth allowance, which varies depending on the hosting package you purchase. If your account exceeds the allocated amount, we reserve the right to suspend the account until the start of the next allocation, suspend the account until more bandwidth is purchased at an additional fee, suspend the account until you upgrade to a higher level of package, terminate the account, and/or charge you an additional fee for the overages. Unused transfer in one month cannot be carried over to the next month.
14. Changes in Price
We reserve the right to change the prices listed on our website at any time, as well as the amount of resources allocated to plans. Customers with contract pricing will not be affected by any price changes during the contract period.
15. Refund Policy
If your account is canceled or terminated, you are not eligible for a refund. Accounts that are suspended for TOS violations will also not be refunded. Clients using derogatory language will not receive a refund or waived fees. Accounts associated with an Unauthorized PayPal Dispute case will be suspended to prevent server abuse. Refund requests made after the 30-day Money Back Guarantee will be prorated and credited to your account’s credit balance. Domain name registration, server management, license, installation, and payment gateway transaction fees are deducted from refund amounts. Refunds are only given as customer credit balance with no expiration date.
16. 30-Day Money Back Guarantee Policy
New customers who sign up for a new product or service are eligible for the Money Back Guarantee. Customers can use the Money Back Guarantee for one product or service at a time. Multiple accounts are only eligible for a one-time Money Back Guarantee. Refund requests must be submitted to the Billing Department within 30 days of service activation. The domain name, server management, installation fees, and third-party licenses and products will be deducted from refund amounts. Refunds can be processed through Bank Account, PayPal, or credit balance. Refund requests received after the deadline, sent to another department, or through unapproved channels will not be approved. The Billing Department has the final say in refund requests, which may take up to 7 days to investigate and process. Customers who previously received a refund are ineligible for another refund request.
17. Uptime Guarantee
We guarantee a 99.9% network and server uptime service level. Credits will be made available to each client upon request if we fail to meet our guarantee and it is not due to any exceptions listed in our SLA. Exceptions include circumstances beyond reasonable control, client acts or omissions, and failure or error of our monitoring or measurement system.
18. Intellectual Property Rights
The term “Intellectual Property Rights” refers to all current and future rights related to copyright and related rights, trademarks, designs, patents, inventions, goodwill, and other intellectual property rights. This agreement does not transfer any intellectual property owned by the operator or third parties, and all rights will remain with the operator.
19. Limitation of Liability
The operator, its affiliates, directors, officers, employees, agents, suppliers or licensors will not be liable for any indirect, incidental, special, punitive, cover or consequential damages. The aggregate liability of the operator and its affiliates will be limited to an amount no greater than one dollar or any amounts actually paid in cash by you to the operator for the prior one month period. These limitations also apply if this remedy does not fully compensate you for any losses.
You agree to protect and indemnify the Operator, its affiliates, and all related parties against any liabilities, losses, damages or costs arising from any third-party claims related to your use of the Website and Services or your content.
All rights and limitations outlined in this Agreement are applicable and enforceable only within legal boundaries. If any part of this Agreement is deemed invalid, the rest shall remain in effect.
22. Resolving Disputes
This agreement will be governed by the laws of Malaysia, and any disputes will be resolved by courts located in Malaysia. You waive your right to a jury trial in any proceeding related to this Agreement.
23. Modifications and Changes
We may change this Agreement at any time, and will notify you via email or other means. Your continued use of the Website and Services after the effective date of the revised terms constitutes your consent.
We do not take responsibility for any losses your company may face, and do not provide any express or implied warranties for our services. We disclaim any warranty of merchantability or fitness for a specific purpose, including data loss from service interruptions caused by us or our employees.
– Trading Profit Losses: We are not liable for any trading profit losses resulting from downtime, low latency, or other causes. Profit losses are inherent risks in any trading activity, including Forex and cryptocurrency trading.
– Losses Due to Hacks or Fraud: We are not liable for any losses incurred due to hacks, fraud, 3rd party invasion, or malware from your cryptocurrency wallets. We do not hold your login information or other account access details.
25. Acknowledgment and Agreement
By accessing and using the Website and Services, you agree to all the terms and conditions in this Agreement. If you do not agree, you are not authorized to use the Website and Services. We reserve the right to revise our policies without notice. Using our services constitutes agreement to these terms.