VDSPlanet — project operating since 2008

Terms of Service, Privacy Policy & Acceptable Use Policy

Terms of Service

Version 1.0 — September 15, 2013

All services provided by VDSPlanet (“VDSPlanet”) may be used for lawful purposes only. Transmission, storage, or presentation of any information, data, or material in violation of any United States federal, state, or city law is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, or material protected by trade secret and other statute. The subscriber agrees to indemnify and hold harmless VDSPlanet from any claims resulting from the use of service which damages the subscriber or any other party.

Prohibited are sites that promote any illegal activity or present content that may be damaging to VDSPlanet’s servers, or any other server on the Internet. Links to such materials are also prohibited.

The following activities result in immediate termination without notice, no refund, and no data recovery:
  • Pirated software
  • Hacker programs or archives
  • Malware and any kind of viruses
  • Warez sites, links, and files; any DMCA violations (“Three violations rule” — see below)
  • Child and animal pornography
  • Botnetting
  • Mass mailing and any mass mailing services or setups
  • Running IRCd (BNC and eggdrops are allowed; IRCds are prohibited)
  • Phishing and scam
  • Any form of cryptocurrency mining
  • Anything illegal under the laws of the USA, Netherlands, or Italy (it is the client’s responsibility to know local laws)
  • Minecraft game servers
  • TOR
  • Running VPN or proxy services and reselling them to end clients (personal use only is permitted)
  • Any nginx proxy_pass or port-forwarding configuration using an IP address other than the server’s own IP
  • Any security testing within our network that can affect another client’s service
The following may result in service suspension, notification, and later termination if abuse continues:
  • Any resource abuse that can affect other clients: CPU, I/O, or network.
  • VDSPlanet shares CPU resources among clients on a per-core basis. If a client’s VPS load average exceeds 3, it is consuming more than one CPU core. Please keep load average under 3 or you will be subject to the Resource Abuse section of these Terms.
NOTICE: If your account is found to contain illegal activity, illegal MP3 files, pirated software, hacker programs, warez programs, or any other illegal files, your account will be terminated immediately, without notice.
Traffic Usage

All account plans come with a predetermined amount of traffic allowance. If a client’s service reaches the bandwidth limit, the service may be suspended before new bandwidth is purchased. If no bandwidth is purchased within 7 days after service suspension, the service will be considered abandoned and queued for removal. No prorated refunds will be provided for remaining days in the subscription period.

By default, client servers are not suspended as long as there are funds on the account. Bandwidth is charged on a “per TB” basis after the allocated monthly limit is reached. The per-TB price is listed in the billing system under VPS → Configuration.

Server Abuse

Any attempt to undermine or cause harm to a server or customer of VDSPlanet is strictly prohibited. As our customer, you are responsible for all activity on your account. Should you violate these Terms of Service, your account will be cancelled without a chance of refund.

Refusal of Service

We reserve the right to refuse, cancel, or suspend service, at our sole discretion. All sub-networks, distributive hosting sites, and dedicated servers of VDSPlanet must adhere to the above policies, with the exception of system resources in respect to dedicated servers.

Service Fees

Certain services carry a setup fee that must be paid by the client in order to use said services. If the client terminates this agreement, the client shall be responsible for any and all outstanding fees owed to VDSPlanet. Because services are provided on a monthly basis, the client will be responsible for service fees incurred each month, regardless of when the client provides notice of termination. For example, if the client provides notice of termination on the 15th of a month and the service end date is the 25th, the client will be responsible for fees through the 25th, and such fees will not be pro-rated or refunded.

Money-Back Guarantee & Refund Policy

We do not refund cancelled contracts. For example, if your contract is quarterly or biannual and you request a refund after two months, no refund will be issued. The same applies within a monthly term: no refund will be issued regardless of how much time remains. No refunds are given for setup charges, add-on charges, domain registrations, add-on purchases, SSL certificates, control panel fees, or overage charges. In the case of AUP violations, no refund will be given. All payments to VDSPlanet are final, and any refunds of unused account balance are subject to a $10 + 20% processing fee.

Account Deactivations

Any account deactivated due to non-payment will require a $1.00 reactivation fee prior to reactivation. For example, if your service is suspended for non-payment with a monthly price of $1.99, you will need $2.99 on your account to renew it.

“Three Violations Rule” (DMCA Violations)

Mistakes happen once and only once. No refund is provided for unused service time in the event of any DMCA violation on a single account.

  1. 1st violation — 24 hours to fix the issue. If not resolved, the VPS is suspended. Back up your data immediately.
  2. 2nd violation — Server immediately suspended. A $2 reactivation fee applies. If not paid within 7 days, the VPS is deleted. Back up your data immediately.
  3. 3rd violation — Server immediately suspended. A $5 reactivation fee applies. If not paid within 7 days, the VPS is deleted. Back up your data immediately.
  4. 4th violation — Server immediately terminated. No refund is provided for unused service time.
Cancellation & Refunds

We do not refund partial monthly fees. No notice is required to cancel — simply stop renewing the service. All services will be deleted on the 7th day after suspension due to non-payment. No data will be available after service termination.

Backups

Backup of all data is the sole responsibility of the client. VDSPlanet is not responsible for any data loss for any reason. VDSPlanet takes one backup of each VPS per month and retains one copy on backup servers. Our backup system is not a guaranteed service. You may request a VPS restore via a support ticket at no charge while the VPS is active and paid for. If a VPS is suspended or deleted for non-payment or Terms of Service violations, VDSPlanet reserves the right to charge a $40 fee per restore.

Limitation of Liability

VDSPlanet shall not be responsible for any claimed damages, including incidental and consequential damages, arising from VDSPlanet’s servers going offline or being unavailable for any reason. VDSPlanet shall not be responsible for any damages resulting from the corruption or deletion of any website or data from its servers. All damages shall be limited to the immediate termination of service.

Violations

Violations of these policies should be reported to [email protected]. All complaints will be investigated promptly. Failure to follow any term or condition will be grounds for immediate account deactivation.

Disclaimer

VDSPlanet cannot be held liable for system downtime, crashes, or data loss. We cannot be held liable for any estimated loss of profits resulting from a non-functioning site. Certain services provided by VDSPlanet are resold; therefore, certain equipment, routing, software, and programming are not directly owned or written by VDSPlanet. VDSPlanet holds no responsibility for the use of our clients’ accounts. Failure to comply with any terms or conditions will result in the automatic deactivation of the account in question. We reserve the right to remove any account, without advance notice, for any reason without restitution.

Account Activation

By activating your account with VDSPlanet, you agree to the above policies and disclaimer. Upon requesting activation, you are required to accept these policies, guidelines, and disclaimer, and a copy of your acceptance is retained with your account information.

NOTICE: If you sign up for an account and fail to comply with these terms, no refunds will be given.
Server Uptime Guarantee

Although VDSPlanet has an excellent record for reliability, we do not offer an uptime guarantee. However, our network and servers are monitored continuously and are rarely down except for scheduled maintenance and hardware or software upgrades.

New Accounts and Payments

The following rules apply to new orders and accounts. Compliance ensures your order is processed without issue.

PayPal Payments
  1. You must include your first and last name in our billing system.
  2. Your first and last name in our billing system must match the name on your PayPal account.
  3. You must sign up from a residential IP address. Proxies, VPNs, and datacenter IPs are not permitted.
  4. You must use a valid email address. If your email bounces, Appendix 1 applies.
WebMoney Payments
  1. You must include your real first and last name in our billing system.
  2. All payments must be submitted directly from your WMZ wallet.
  3. If payment is submitted from a Formal or Initial passport, the passport must be at least 1 year old and the name must match passport.webmoney.ru. If the name does not match or is hidden, Appendix 1 applies.
  4. You must sign up from a residential IP address. Proxies, VPNs, and datacenter IPs are not permitted.
  5. You must use a valid email address. If your email bounces, Appendix 1 applies.
  6. If payment is submitted from a Personal or higher certificate, rules 2, 3, 4, 5, 7, and 8 do not apply.
  7. If payment is submitted from an Alias passport, Appendix 1 applies automatically. We do not accept anonymous clients.
  8. All WebMoney payments must come from accounts at least 9 months old.
Other Payment Methods
  1. You must include your full first and last name and complete residential address in our billing system.
  2. You must sign up from a residential IP address matching the country of your residential address. Proxies, VPNs, and datacenter IPs are not permitted.
  3. You must use a valid email address. If your email bounces, Appendix 1 applies.
Appendix 1 — Non-Compliance Sanctions
  1. If you do not comply with any of the above rules, your payment will be refunded, all VPS services stopped and deleted, and your account locked. VDSPlanet is not responsible for any data loss resulting from non-compliance. All WebMoney (non-PayPal) refunds are subject to a $10 + 10% processing fee. If the total refund amount is below $10, no refund will be provided for WebMoney payments.
  2. If you believe your account was locked by mistake, email [email protected] with a step-by-step explanation and all of your registration information.

VDSPlanet reserves the right to amend any or all of the above policies, guidelines, and disclaimer without notification. We also retain the right to increase pricing and make changes to account plans without notification.

Privacy Policy

Revision date: November 15, 2013

VDSPlanet has created this privacy statement in order to demonstrate our firm commitment to privacy. The following discloses the information gathering and dissemination practices for this website.

Information Automatically Logged

We use your IP address to help diagnose problems with our server and to administer our website. We use this information for no other reason.

Order Forms

Our site uses an order form for customers to request services (256-bit encryption). We collect sensitive information used solely for our own purposes — no third party receives any information from us. Contact information is used to get in touch with the customer when necessary. Billing information is used to bill the user for services. Unique identifiers are collected to verify identity. Demographic and profile data is also collected and used to tailor the visitor’s experience on our site.

Security

This site has security measures in place to protect against the loss, misuse, and alteration of information under our control. We use strong SSL encryption to ensure your privacy.

Third Parties

Information collected on this site is strictly for our use. No outside parties may view your personal information, including billing information.

Contacting VDSPlanet

If you have any questions about this privacy statement, the practices of this site, or your dealings with this website, please contact us at [email protected]. Your question will be forwarded to the responsible party.

Acceptable Use Policy

Revision date: November 15, 2013

As a provider of web hosting and other Internet-related services, VDSPlanet offers its customers (also known as “Subscribers”) and their customers and users the means to acquire and disseminate a wealth of public, private, commercial, and non-commercial information. VDSPlanet respects that the Internet provides a forum for free and open discussion and dissemination of information. However, when there are competing interests at issue, VDSPlanet reserves the right to take preventive or corrective action. To protect these competing interests, VDSPlanet has developed this Acceptable Use Policy (“AUP”), which supplements and clarifies certain terms of each customer’s service agreement and is intended as a guide to the customer’s rights and obligations when using VDSPlanet’s services. This AUP will be revised from time to time.

Because no single party owns or controls the Internet, subscribers must exercise their own judgment about information they acquire or disseminate. VDSPlanet cannot monitor, verify, or vouch for the accuracy of information available on the Internet. VDSPlanet cannot accept responsibility for injury to its subscribers resulting from inaccurate, unsuitable, offensive, or illegal Internet communications.

When subscribers publish information on the Internet, they bear the same liability as other authors for copyright infringement, defamation, and other harmful speech. Because content may affect VDSPlanet’s goodwill, business, reputation, or operations, subscribers violate VDSPlanet policy and their Service Agreement when they, their customers, affiliates, or subsidiaries engage in the following prohibited activities:

  1. Spamming: Sending unsolicited bulk and/or commercial information over the Internet is prohibited. Maintaining an open SMTP relay is also prohibited. VDSPlanet will investigate and shut down accounts found to be sending spam. To send bulk solicited emails, you must use DKIM or similar software and obtain prior approval via a sales ticket. All standard SMTP ports (25, 465, 587) are blocked on the VDSPlanet network for both IPv4 and IPv6.
  2. Audio/Video Streaming: Audio/video streaming and audio/video chat services are not permitted. Offending accounts will be suspended without notice or terminated.
  3. Adult-Oriented Content: VDSPlanet permits only legal adult content. Content featuring minors or animals is strictly prohibited. Offending accounts will be suspended or terminated.
  4. Large File Policy: VDSPlanet is not a file hosting or distribution service. Customers may not host files larger than 2 GB in size that exist solely for download, including but not limited to .ISO, audio/video, and .EXE files. If you are unsure whether your file violates this policy, email [email protected].
  5. Obscene Speech or Materials: Using VDSPlanet’s network to advertise, transmit, store, post, display, or otherwise make available child pornography or obscene material is prohibited. VDSPlanet is required by law to notify law enforcement when it becomes aware of child pornography on or transmitted through its network.
  6. Defamatory or Abusive Language: Using VDSPlanet’s network to transmit or post negative, defamatory, harassing, abusive, or threatening language is prohibited.
  7. Forging of Headers: Forging or misrepresenting message headers, in whole or in part, to mask the originator of the message is prohibited.
  8. Illegal or Unauthorized Access to Other Computers or Networks: Accessing, illegally or without authorization, computers, accounts, or networks belonging to another party, or attempting to penetrate security measures of another system (“hacking”), is prohibited. This includes any activity that may serve as a precursor to a system penetration attempt (e.g., port scans, stealth scans, or other information-gathering activities).
  9. Distribution of Viruses, Worms, Trojan Horses, or Other Destructive Software: Distributing information about creating or sending Internet viruses, worms, Trojan horses, or engaging in pinging, flooding, mail bombing, or denial-of-service attacks is prohibited. Activities that disrupt or interfere with the ability of others to use the network or any connected system, service, or equipment are also prohibited.
  10. Facilitating a Violation of this AUP: Advertising, transmitting, or otherwise making available any software, program, product, or service designed to violate this AUP — including tools for spamming, pinging, flooding, mail bombing, denial-of-service attacks, or software piracy — is prohibited.
  11. IRC: Hosting any IRCd software or linking to IRC chat networks is prohibited (BNC and eggdrops are allowed; IRCds are not). VDSPlanet reserves the right to deny any IRC-related activity on its servers and to terminate client services with notice and a refund.
  12. Other Illegal Activities: Engaging in activities determined to be illegal, including but not limited to advertising, transmitting, or making available Ponzi schemes, pyramid schemes, gambling operations, fraudulent credit card charges, or software piracy.
  13. Other Activities: Engaging in activities, whether lawful or unlawful, that VDSPlanet determines to be harmful to its subscribers, operations, reputation, goodwill, or customer relations. Any activity illegal under the laws of the USA, Netherlands, or Italy is prohibited.
  14. VPN and Proxy: Reselling VPN or proxy access to end clients is strictly prohibited. Personal use is permitted.
  15. Resource Abuse:

    15.1. Resource abuse consists of any activity, intentional or otherwise, that consumes enough system resources to affect other clients or equipment.

    15.2. For non-severe prohibited usage, the following escalation steps apply:

    1. First Offense: A written warning will be issued via the ticket system. Once the client replies, services will be reactivated with 24 hours to correct the issue. Back up your data immediately.
    2. Second Offense: Another written warning will be issued and a $5 fine applied. Once the ticket is replied to and the fine paid, services will be reactivated with 4 hours to correct the issue. Back up your data immediately.
    3. Third Offense: A termination notice will be issued, all services on the account suspended, and the offending service terminated with no compensation or data retrieval. A $15 AUP Violation Fine will be added and must be paid in full before any services are reactivated.

    15.3. Any intentional resource abuse — including DDoS attacks, port sniffers, network scanners, UDP/SYN floods, forkbombs, unauthorized access, and GET floods — will result in immediate termination of all services and a permanent account ban.

  16. I/O and PPS Restrictions:

    16.1. All VDS/VPS plans in Netherlands priced under $6/month have I/O speed restricted at 15 MB/sec. Plans priced above $6/month have I/O restricted at 30 MB/sec.

    16.2. I/O restrictions will be applied to any server found to be abusing I/O resources.

    16.3. PPS (packets per second) restrictions are in place to protect customers from DDoS attacks. Services are suspended at: 5,000 PPS; 8,000 PPS over 5 seconds; 20,000 PPS over 15 seconds; or 100,000 PPS over 60 seconds. Reactivation requires a support request. The first three reactivations are free; each additional reactivation is $1.

The responsibility for avoiding the harmful activities described above rests primarily with the subscriber. VDSPlanet will not, as an ordinary practice, monitor subscriber communications to ensure compliance. However, when VDSPlanet becomes aware of harmful activities, it may take any action to stop them, including removal of information, shutting down a website, implementing screening software, denying internet access, or any other action deemed appropriate.

VDSPlanet acknowledges that many of its subscribers are themselves Internet service providers, and that information reaching VDSPlanet’s facilities may have originated from a customer of the subscriber or from a third party. VDSPlanet does not require its subscribers to monitor or censor transmissions or websites created by their customers. VDSPlanet reserves the right to take direct action against a customer of its subscribers and may take action against a VDSPlanet subscriber because of a customer’s activities. VDSPlanet expects subscribers who offer Internet services to cooperate with any corrective or preventive measures. Failure to cooperate is a violation of VDSPlanet policy.

VDSPlanet will not intentionally monitor private electronic mail sent or received by its subscribers, unless required to do so by law, governmental authority, or when public safety is at stake. VDSPlanet may disclose information — including information concerning a subscriber, a transmission, or a website — in order to comply with a court order, subpoena, summons, discovery request, warrant, statute, regulation, or governmental request. VDSPlanet will never sell subscriber information to third parties.

VDSPlanet expects its subscribers who provide Internet services to others to comply fully with all applicable laws concerning the privacy of online communications. By signing the Service Agreement, subscribers indemnify VDSPlanet for any violation of the Service Agreement, law, or VDSPlanet policy resulting in loss to VDSPlanet or in any claim brought against VDSPlanet by a third party. This means that if VDSPlanet is sued because of a subscriber’s activity, the subscriber will be responsible for any damages awarded against VDSPlanet, plus costs and reasonable attorney’s fees.

Any complaints about a subscriber’s violation of this AUP should be sent to [email protected].

Need immediate help? Our support team is available around the clock.

Why Choose VDSPlanet

  • NVMe and SSD RAID 10 (hardware) storage on all servers
  • Registered US company, incorporated in Delaware
  • Full root access — complete control over your server environment
  • Unlimited bandwidth (Fair Use Policy)
  • Linux (Debian, Ubuntu, CentOS) and FreeBSD supported
  • 24/7 technical support
  • Instant automated provisioning
  • Premium Dell and SuperMicro server hardware
  • Virtualizor control panel — reinstall, reboot, and monitor usage
  • Latest OS templates guaranteed via Kickstart provisioning
  • Custom PTR (reverse DNS) records for IPv4 and IPv6

VDSPlanet — KVM VDS/VPS hosting in the USA, Italy, and Poland.

© VDSPlanet  ·  A service of BREEZLE LLC  ·  Brandon, FL, USA