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VPS Special Terms of Service

VPS Special Terms of Service

Scope

The Scope of this terms of service are for any VPS (Virtual Private Server) services that we offer. These are supplemental terms and conditions and they are incorporated to the main Terms of Service.

Specifications

You will be provided with a Virtual Private Server with the specifications that you see on the final order page. We will, with good faith, try our best to fulfill your order with the latest specifications you saw at the checkout. If there are any subsequent changes to specifications on the order pages or product descriptions, this will not apply to any active service unless this is due to an error on our end.

If we are unable to fulfill your order with the specifications requested, we will notify you via e-mail or support ticket and let you know the alternatives. Generally, we provide the following alternatives to the best of our ability:

(a) Refund your service fully except on any Cryptocurrency Payments. Any fees due to refunds shall not be carried by you. (b) Provide you with a server with similar specifications. (c) Provide you with a partial refund and downgrade your server to a product for which we have stock of. (d) Credit the amount to your account. (e) Find a reasonable way to provide the requested service.

Permission to host your Content

By singing up to any Virtual Private Server product, you allow us to host and make backups of this information. At no point shall any Hosterlabs employee access, modify or purposely delete any information within your server unless expressly stated or requested by you.

Monitoring

We reserve the right to audit and monitor our network and servers for any breach of this policy. The responsibility in case of an infringement of this policies and terms of service is of the account owner.

Access to your Data

Hosterlabs and any of their employees will not have access to any of your data or information hosted within your Virtual Private Server unless required by law, by any law enforcement agency* or if made public (for example via a website URL).

In case of an abuse report, we might access the reported URL to verify the abuse request. In case of, but not limited to, child pornography, illegal gun sales, illegal drug sales, phishing, hacking and DDoS we reserve the right to notify the corresponding authorities and pass all registered personal information for review and prosecution.

We are committed to providing a private environment within your server, nevertheless, we are also committed to protect the rights of other people and applicable laws. We reserve the right to monitor for any breach of other people's rights of privacy and applicable laws.

  • We will refuse to the best of our ability to pass your information to authorities in case they are trying to breach your freedom of expression and right to privacy.

Security and Data Breaches

We will, at the best of their ability, provide a safe environment for your Virtual Server. Nevertheless, we will not be responsible for any damages, anticipated or otherwise, caused by viewing materials, links or content posted to your server via a local network or Hosterlabs' network. You hereby agree to indemnify us from any claims resulting from the use of this service.

We commit to making audits of our network and servers for data-breaches or security risks. In case of any data-breach or security risk you shall be notified, after confirmation, within a maximum period of 7 working days.

You also commit to reasonably securing your server for any hacking attempts or abuse.

Grounds for Termination

We reserve the right to terminate your account in case you:

  • Abuse verbally or by writing any of our staff.
  • Abuse our services or breach these policies.
  • Spamming via Support Tickets, e-mail, phone and/or servers.
  • Chargebacks.
  • By purposely creating an unnecessary workload for our staff.

By infringing any of these policies, you wave your right for any refund.

Abuse

Unlawful use of our Services

You shall not use under no circumstances our services in an unlawful manner. Some examples of unlawful content include, but are not limited to:

  • Copyright Infringment
  • Child Pornography
  • Violations of Human Rights
  • Phishing
  • Spam
  • Hacking
  • Cracking
  • DDoS

Additional Restrictions

We also prohibit the use of our services for the following purposes:

  • Stress Testing
  • Port Scanning
  • Linking to unlawful content.
  • Harassing, threatening or obscene content.

Backups

We perform regular backups for some of our nodes. We do not backup all of our nodes. The servers we actively backup are:

BHS1 BHS2 BHS3 BHS4

We do not backup any other node due to bandwidth and storage constrains. Please make sure to backup any of your servers with us on a regular basis as we are not liable for any data loss. We attempt to prevent data loss of your servers and services by constantly monitoring all our nodes. But please keep backups.

Abuse Consequences.

We reserve the right to terminate your account in case of Abuse. Nevertheless, we have the following procedures:

You will not be notified in case of any blocking and the blocks will not be lifted unless you open a support ticket or send us an e-mail at [email protected].

You must include in all cases the cause of the problem and how you intend to solve it so it will not occur in the future.

In case of Spam, the block 25 will be automatically blocked. You might have to pay a cleaning fee of 3.5$ USD per IP or more in case of damaging any relationships with our ISP's, vendors or service providers.

In case of Phishing, we will suspend your server immediately. You will have to pay a reactivation fee of 3.5$ USD per Abuse report or more in case of damaging any relationships with our ISP's, vendors or service providers.

In case of DDoS attacks, we will suspend your server immediately. You will have to pay a reactivation fee of 3.5$ USD per Abuse report or more in case of damaging any relationships with our ISP's, vendors or service providers.

In case of any unlawful action described above that is deemed serious by our staff team, your account might be terminated without notice.

Resource Abuse

Resource abuse is when you utilize more than the fair share of your service.

  • You create instability for other customers.

  • You might use in average 18% of your CPU resources in any promotional plan with limited 100% bursts of no more than 15 Minutes with at least 6 hours in between.

  • You might use in average 25% of your CPU resources in any Basic Plan with limited 100% bursts of no more than 30 Minutes with at least 6 hours in between.

  • You might use in average 30% of your CPU resources in any Plus Plan with limited 100% bursts of no more than 30 Minutes with at least 6 hours in between.

  • You might use in average 35% of your CPU resources in any Plus, Pro Plus, Enterprise or Business Plan with limited 100% bursts of no more than 90 Minutes with at least 6 hours in between.

  • In Unmetered plans you might use 25% of the total provided speed in average, with 75% bursts of no more than 45 minutes at least 6 hours in between. We might reduce your speed up to 75% in case you constantly cause instability on any of our nodes.

  • You might not read or write or have io operations that risk the integrity of the hard drives. A general limitation is 100MB/s at peak on our NVMe nodes. 50MB/s on our SSD nodes and 25MB/s on our HDD nodes.

Failure to follow these guidelines might result in account suspension, cpu throttling, internet speed throttling or service termination. You will be notified first and be allowed to correct the issue before account termination, throttling or suspension. A direct suspension will be issued whenever you pose a risk to the integrity of the nodes.

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