Terms of Service
The complete and unconditional acceptance of the terms of this document (acceptance) is considered payment by the Client for the services of the Company.
Last updated: 04.11.2024
When we use the terms "we," "us," "Company," and "Provider," we mean the company CloudVPS. The terms “you” or “Client” refer to the individual or legal entity registered with us to use the provided services, products, and solutions, including the website https://cloudvps.host.
1. Rights and Obligations of the Service Provider
- The Company provides technical support services to clients based on a Client's request through the personal account in accordance with the rates published on the official website of the Company, located at https://cloudvps.host.
- The Company is not responsible for the operation of third-party software installed by the Client independently on the server.
- The Company reserves the right to review the rules for providing services without prior notice and unilaterally; new rules come into effect from the moment of their publication on the official website of the Company.
- The Company commits to maintain the proper quality of the host machines' operation and to eliminate any malfunctions as quickly as possible.
- The Company does not guarantee 100% availability of the network and host machines.
- All scheduled maintenance, updates, and similar activities are conducted from 00:00 to 06:00 UTC. Force majeure situations and unscheduled work are not covered by this provision.
- The Company is not responsible for the inability to access services due to the actions of third parties.
- The Company reserves the right to suspend the operation of the Client's services and servers for scheduled maintenance, as well as in the event of DDoS attacks, network attacks, natural disasters, and other force majeure circumstances.
- In the event of disputes or arbitration proceedings initiated by the Client or their representative, as well as requests from law enforcement agencies, the Service Provider has the right to investigate the server and provide relevant information in order to protect its interests.
- The Company has the right to change the prices for services both upwards and downwards, providing prior notice to the client about such changes via the email specified during account registration.
- The speed of network connections for virtual servers is not guaranteed; the Service Provider has the right to impose temporary speed restrictions on virtual servers lasting 1 hour if high network load on a virtual server negatively affects the speed of network connections for the virtual servers of other clients.
2. Rights and Obligations of the Client
- The Client is responsible for issues related to the operating system and any software installed independently on the server.
- In the event of the Client's hosting being blocked due to a complaint and/or for other reasons (e.g., network scanning, outgoing DDoS attacks, etc.) one or more times a month, as well as the Client's failure to take measures to eliminate the cause of the complaint, the Company has the right to terminate the service early and block the Client without the possibility of refunding the funds.
- The Client has the right to use the server for any purposes except those that contradict international law and the legislation of the country where the server is located, including civil legislation regulating legal relationships related to intellectual property.
- The Client is granted access (unless otherwise specified) to the server, and the Client bears all related responsibility.
- The Client has the right to install and use any software on their server, provided that it is legal and does not violate copyright and related rights, as well as complies with the requirements of the legislation of the country where the service is located and international law norms.
- The Client is obligated to monitor the compliance of all materials posted on the server, the software used, and the content with the laws of the country where the server is located and bears responsibility for their compliance.
- All issues related to the operation of the Client's server are accepted only in requests to the support service in the personal account at https://cloudvps.host/billmgr.
3. Payment Rules and Procedure
- In the absence of payment for the next period, the Company suspends the provision of services.
- Services are provided on the terms of 100% prepayment.
- Services can be ordered for a period of 1, 3, 6, or 12 months with the possibility of further extension after the specified period.
- Payment is made only through electronic payments.
- Payment for services is made based on the current rates published on the official website of the Company at: https://cloudvps.host/billmgr.
- A commission from intermediaries and payment systems may be added to the payment.
- After the suspension of services, data is stored for 7 (seven) days. After this period, all Client data related to the provided service will be deleted without the possibility of recovery.
- In the event of full payment received after the suspension of the service, the service will be resumed within 1 (one) minute from the moment of payment.
4. Prohibited Content and Software
- In the event of high load on the internet channel, the provider has the right to unilaterally change the client's server IP if otherwise was not previously agreed upon.
- By default, outgoing TCP ports 25, 465, and 587 are blocked. These ports can be unlocked after the Client has completed full identification as part of the KYC (Know Your Customer) procedure.
- Mass mailings are prohibited, except for cases permitted by the company itself.
- It is prohibited to post information that contradicts and/or is prohibited by the legislation of the country where the server is located, including civil legislation governing legal relations related to intellectual property.
- It is prohibited to post software for botnets, grabbing, phishing, and other purposes that explicitly contradict legal activity on the Internet.
- It is prohibited to host services (including paid or private access) that may serve as auxiliary means for committing illegal acts on the Internet.
- It is prohibited to host pornography on the server, including links and advertisements containing pornographic scenes.
- It is prohibited to post network scanners, proxy checkers, and similar software.
5. Termination of Services at the Company's Initiative
- The service provider reserves the right to terminate the provision of services at its discretion, immediately and without prior notice to the Client in case of:
- Providing knowingly false data by the Client or refusal to confirm such data;
- Defamation, dissemination of personal information, including personal data of third parties; infringement of copyright, neighboring and other intellectual rights to the results of intellectual activity and means of individualization belonging to both the Company itself and third parties;
- Unauthorized distribution or copying of copyright-protected software, violations of the legislation of the country where the server is located, other international norms and agreements, export restrictions, fraud, trade in pornographic materials, drugs, and other illegal activities;
- Mass mailing of spam using the server, where spam is not limited to electronic mail and includes other generally accepted interpretations in the Internet;
- Hosting pornographic content in all its forms, including links to other sites with pornographic content;
- Violation of individuals' rights to privacy, personal and family secrets, and other rights; posting defamatory and offensive information, assisting and inciting ethnic strife, murder, terrorism, violence in any form, and other illegal actions;
- Obstructing the normal and stable operation of servers, network resources, and the general activities of the Company;
- Inappropriate communication with the Company employees, including the use of foul language and dissemination of discrediting information about the Company;
- The Company reserves the right to transfer information about the Client in the case of an official request from law enforcement agencies.
- If a deposit is detected from a bank card not belonging to the client, the company may restrict the use of deposited funds and services of the personal account, access to the personal account, until the client confirms ownership of the mentioned card. Otherwise, the company has the right to retain the funds free of charge to return the amount to the owner of the bank card within up to 1 year.
6. The Service Provider Is Not Liable
- The Client, having accepted these Terms of Use, independently determines the content of the materials posted on the Internet. The Company is not responsible for the Client's violation of third-party rights, including the rights of rights holders to the results of intellectual activity and means of individualization.
- In the event of the Client violating applicable law, including civil law governing legal relations related to intellectual property, the Company, after receiving a Notification or Claim from third parties, sends an email to the Client with a Notification or Claim regarding the need to cease violations of third-party rights. This requirement from the Company must be fulfilled within 5 (five) days from the moment the message is sent to the Client's email. This term begins to be counted from the day after the Company sends the message to the Client.
- In the event of refusal or inaction by the Client within the 5 (five) day period, the Company has the right to refuse to perform the Contract and cease the provision of services.
- In the event of a court dispute, particularly regarding claims related to the violation of third-party intellectual rights, if both property and non-property claims against the Company are satisfied, the Client who posted in the information and telecommunications network (including the Internet) results of intellectual activity or means of individualization or acts as a co-defendant in this case is obliged to reimburse the Company for the full cost of the satisfied claims against the Company within 5 (five) calendar days from the date the court's decision comes into force.
- The Company is not responsible for the Client's choice of operating system, software, and the consequences that this may entail.
- The Company is not liable for any types of direct and indirect damage, loss of information, business reputation, and other cases of damage.
7. Email Notification
- Opting out of notifications is only possible in the case of a complete closure of the client’s account.
- Client registration in the personal account on the website https://cloudvps.host/billmgr implies automatic consent to receive informational messages via email, including promotional offers for the Company's services.
- The Company disclaims any responsibility for the Client's failure to receive important informational messages via email.
8. Refunds
- The Client has the right to terminate the contract; however, refunds are only possible for unused funds in the balance of the personal account at https://cloudvps.host/billmgr. Refunds for paid services are not provided.
- Amounts owed to the Client as a result of reconciliation must be refunded within 10 (ten) business days.
- Refunds are processed upon request through the ticket system on the website https://cloudvps.host/billmgr. Funds are subject to refund after reconciliation of accounts.
- In the case of violations of service provision conditions, the Company has the right to refuse the Client a refund.
- In cases where the actions of the client directly or indirectly caused the Company losses (server blocking, subnetting, etc.), the amount of expenses will be deducted from the refund amount.
- A fee from the payment system will be deducted from the refund.
- Refunds are only possible to the details from which the payment was made.
- Refunds to cryptocurrency wallets are not possible for amounts less than 10 USD.
9. Service Level Guarantee
- Compensation is calculated based on a request to customer support in your personal account on the website https://cloudvps.host/billmgr.
- Compensation is granted only in the form of additional service days and cannot be paid out in cash.
- The Company guarantees to maintain server availability at a level of 99.8% per month.
- In case of a violation of clause 9.3 of this Offer, each full day (24 hours) of service downtime will be compensated to the Client at double the rate.