Terms of Service and Acceptable Use Policy

Support

All our services are strictly self-managed. While we maintain the ideal working condition of our servers, we do not manage or offer support for customer's VPS. In other words, we do not assist with installing and configuring applications, troubleshooting, recovering from backups, etc. - these are the sole responsibility of the Customer.

Customer certifies that he or she has the knowledge required to manage a Linux OS.

Backups

Our storage system is fully redundant, which means that a failure of one component has no effect on data integrity. However, we do not make backup copies of customer's data and we encourage our customers to have their own backup solution in place.

Acceptable Use Policy

First of all, we'd like to thank you for spending the time looking into our Terms of Services, we really appreciate the effort. Use coupon ireadtheterms8 when ordering services to get a small discount. However please be sure to read on.

We do not tolerate the following activities on our servers:

 

  • Spamming (including search engine spam, doorways, form spamming, etc.)
  • Mass mailing of any type (including double opt-in)
  • DoS or other attacks (either outgoing or incoming)
  • Hacking (including situations when a VPS was hacked)
  • Distribution of malware/viruses - with or without knowledge
  • Port scanning
  • Cryptocurrency mining
  • IRC activity (client, server, bot, etc)
  • Trademarked or copyrighted content/mp3/movies/cracked software or links to such content, replicas, counterfeit items etc – we honor all DMCA complaints
  • Torrents (trackers, clients, etc)
  • Nested virtualization (running Qemu, etc)
  • Open proxies (due to abuse committed through open proxies)
  • Open DNS resolvers, open port mappers, open NTP servers available via UDP protocol (due to DoS amplification attacks)
  • Tor relays and exit nodes
  • Adult content
  • Data mining, crawling
  • Using abusive language towards our employees or spamming our ticket queue with the same question or issue

Should we find out that a service is breaching these terms, we will suspend the service and an explanation will be posted automatically to the Clinet Area. Service can be restored by customer once they acknowledge the issue and be ready to resolve it. This is done in KiwiVM without involving support.

Repeat offences may incur $50 admin fee per incident as well as suspension of all services under the same account until this fee is paid.

DoS attacks originating from VPS OR sending out unsolicited e-mails may incur a $50 admin fee per incident as well as suspension of all services under the same account until this fee is paid.

After 3 suspensions in same calendar year the VPS becomes permanently suspended until January 1st of the next year.

We reserve the right to terminate services without providing a reason. In this case we will provide a refund for the unused service.

Blacklists

We are actively monitoring our IP space and we test each IP address before assigning it to a customer's VPS. We make sure each new VPS is delivered with a clean IP. We will not be able to issue a refund in case any IP(s) assigned to a VPS get blacklisted, until the IP is no longer on any blacklist(s).

Cancellations and Refunds

Customer may cancel services at any time in the billing control panel. 

Customer may request a full refund of all payments made to their account provided all of the following conditions are met:

1. Customer's account is in good standing and there have been no violations of entire Terms of Services
2. None of the payments have been previously or currently disputed or charged back
3. None of the IPs assigned to client's services are on any Black/Block list
4. Monthly data transfer quota has not been exceeded
5. The number of services (active or cancelled) under the account is 3 or fewer
7. The account was created 30 or fewer days ago
8. Client had not used the right to Refund under a different account

When a refund is requested, we will perform the following:

1. We will provide full refund of all payments made towards the account starting from the moment account was created, with the exception of payments for IP address changes (if any)
2. All services under the account will be instantly terminated
3. All data, snapshots and backups will be instantly and irreversibly wiped

After the refund is processed, account may be used for future orders, however it will not be eligible for further refunds.

How to request a refund: click here

Chargebacks and Paypal Disputes

If we receive a chargeback or payment dispute (i.e. PayPal Dispute) from a credit card company or bank, your service and/or project will be suspended without notice. A US$50 chargeback fee (issued to recover fees passed on to us by the credit company), plus any outstanding balances accrued as a result of the chargeback(s) must be paid in full before service is restored, files delivered, or any further work is done. Instead of issuing a chargeback, please contact us to address any billing issues. Requesting a chargeback or opening a PayPal dispute for a valid charge from us is fraud, and is never an appropriate or legal means of obtaining a refund. Please read and make sure you fully understand our refund policy prior to making a payment.

Valid contact information

We can only provide service to customers who have valid contact information on the account. We will suspend and/or terminate services to customers whose profile contains invalid (fake) information (incorrect name, address, phone number, etc.). We reserve the right to verify customer's contact information and request a clarification in case we are unable to verify this information.

Data protection

In order for us to assign an IPv4 or IPv6 address to a customer's hosting account, we must submit customer's personal information to the appropriate RIR (depending on the region). In no other case we share our customer's private information with third parties, unless we are required to do so by law. We really appreciate you reading this far. Use coupon IREALLYREADTHETERMS when ordering services to get a small discount.

Affiliate program

You may use URL shortening or URL masking techniques to hide the full affiliate link, however, your users must follow the link naturally and not as the result of confusing/misleading information. 

You may not use affiliate links to order service for yourself or your family, or on behalf of someone else. Affiliate links must be followed naturally by visitors via a website. We may request to review websites where our links are used to make sure they comply with our policies; inability to verify source of visitors may result in refusal of your request to withdraw funds.

The following practices are strictly forbidden and will result in a permanent ban from our affiliate program:

  • Cookie-stuffing (loading affiliate links by using an invisible image) and similar techniques
  • Any activity that results in artificial increase of visitors to our affiliate links including, but not limited to click/pageview exchange services
  • Mentioning our affiliate links in any type of unsolicited communication (be it email/forum posting/private messaging/instant messaging).

Violation of the Affiliate program rules will lead to inability to withdraw funds.

Commission withdrawals for amounts under $1000 are provided via Paypal. For amounts over $1000 we may either make a payout via paypal (based on funds availability), or via wire transfer.  

Note that certain plans developed in collaboration with our partners do not qualify for affiliate commissions. Such plans can be recognized by partner name in the plan name (for example, "LOC40" plan etc).

Legal statements

We make no warranties or representations of any kind, whether expressed or implied for the service we provide. In no event we will be responsible for any direct, indirect, or any other damages or losses associated with the use of our services, including damages or losses resulting from service interruptions, data loss, or negligence. Notwithstanding the above, Customer's exclusive remedies for all damages, losses and causes of actions, shall not exceed the aggregate dollar amount which Customer paid during the term of their services.

We reserve the right to refuse service if the use of our service presents a security threat to our customers, servers, or network, at our sole discretion.

The Customer certifies that he or she is at least 18 years of age, or that their parent or legal guardian will act as the "customer" in terms of this contract.

These Terms of Service may be changed at any time without notice.



Thursday, January 1, 1970

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