Terms of Service

These Terms of Service ("Terms") constitute a legally binding agreement between you ("Customer," "you," or "your") and ServersMan VPS ("we," "us," or "our") governing your access to and use of our website, VPS hosting services, and related products (collectively, the "Services"). By creating an account or using our Services, you agree to be bound by these Terms.

1. Account Registration

To use our Services, you must create an account and provide accurate, complete, and current information. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must be at least 18 years of age to create an account.

You agree to notify us immediately of any unauthorized use of your account. We reserve the right to suspend or terminate accounts that contain inaccurate information or are used in violation of these Terms.

2. Services and Service Level Agreement

2.1 Service Description

ServersMan VPS provides virtual private server hosting, cloud VPS hosting, managed VPS hosting, and dedicated server hosting services as described on our website. Specific features, resources, and limitations are defined by the plan you select at the time of purchase.

2.2 Uptime Guarantee

We guarantee 99.9% network uptime for all Services, measured on a monthly basis. This uptime guarantee covers network availability and does not include scheduled maintenance windows, which will be announced at least 48 hours in advance whenever possible.

2.3 Service Credits

If we fail to meet the 99.9% uptime guarantee in any calendar month, you may request service credits as follows:

• 99.0% - 99.9% uptime: 5% credit of monthly service fee
• 95.0% - 98.9% uptime: 15% credit of monthly service fee
• Below 95.0% uptime: 30% credit of monthly service fee

Service credit requests must be submitted within 30 days of the affected month. Credits are applied to future invoices and are not redeemable for cash.

3. Acceptable Use Policy

You agree to use our Services in compliance with all applicable laws and regulations. The following activities are strictly prohibited:

• Distribution of malware, viruses, or malicious software
• Sending unsolicited bulk email (spam) or operating open mail relays
• Hosting content that infringes on intellectual property rights
• Conducting DDoS attacks or participating in botnets
• Cryptocurrency mining without explicit prior authorization
• Running TOR exit nodes without prior written approval
• Port scanning or network probing of systems you do not own
• Hosting illegal content as defined by the laws of the United States
• Engaging in any activity that disrupts or degrades our network or other customers' services

Violation of this Acceptable Use Policy may result in immediate suspension or termination of your account without prior notice or refund.

4. Payment Terms

4.1 Billing

Services are billed in advance on a monthly or annual basis, depending on the billing cycle you select. All prices are listed in US Dollars (USD) unless otherwise specified. Prices are exclusive of applicable taxes, which will be added to your invoice where required by law.

4.2 Payment Methods

We accept payment via major credit and debit cards (Visa, Mastercard, American Express, Discover), PayPal, bank transfer (for annual plans), and select cryptocurrencies. You authorize us to charge your selected payment method for all fees associated with your account.

4.3 Late Payments

If payment fails or is not received within 3 days of the due date, we may suspend your Services. If payment is not received within 14 days of the due date, we reserve the right to terminate your account and delete all associated data. We will make reasonable efforts to notify you before any suspension or termination.

4.4 Refund Policy

We offer a 7-day money-back guarantee on VPS and managed VPS plans. Refund requests must be submitted within 7 days of the initial purchase. This guarantee does not apply to dedicated servers, domain registrations, or custom configurations. After the 7-day period, no refunds will be issued for unused portions of service.

5. Data and Content

5.1 Your Data

You retain all ownership rights to the data, content, and applications you store on our servers. We do not access, monitor, or use your data except as necessary to provide the Services, comply with law, or enforce these Terms.

5.2 Backups

While we provide automated backup services as described in your plan, you are solely responsible for maintaining independent backups of your data. We are not liable for data loss resulting from hardware failure, account termination, or any other cause. We strongly recommend maintaining off-site backups of all critical data.

5.3 Data Removal

Upon account termination, we will retain your data for 14 days to allow you to retrieve it. After 14 days, all data associated with your account will be permanently deleted from our systems, including all backups and snapshots.

6. Intellectual Property

All content on our website, including text, graphics, logos, icons, software, and design elements, is the property of ServersMan VPS or its licensors and is protected by copyright, trademark, and other intellectual property laws. You may not reproduce, distribute, modify, or create derivative works from our content without prior written permission.

7. Limitation of Liability

To the maximum extent permitted by applicable law, ServersMan VPS shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, revenue, business opportunities, or goodwill, arising out of or related to your use of our Services.

Our total aggregate liability for any claims arising under these Terms shall not exceed the total amount paid by you for the affected Services during the 12-month period immediately preceding the event giving rise to the claim.

8. Indemnification

You agree to indemnify, defend, and hold harmless ServersMan VPS, its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including reasonable attorney fees) arising from your use of the Services, violation of these Terms, or infringement of any third-party rights.

9. Service Modifications

We reserve the right to modify, update, or discontinue any aspect of our Services at any time. For material changes that negatively affect your existing service, we will provide at least 30 days' notice. You may cancel your account at any time if you do not agree with the changes.

10. Termination

Either party may terminate this agreement at any time. You may cancel your account through your control panel or by contacting support. We may terminate or suspend your account immediately and without prior notice if you violate these Terms or the Acceptable Use Policy. Upon termination, your right to use the Services ceases immediately.

11. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the State of New York, United States, without regard to its conflict of law provisions. Any disputes arising under these Terms shall be resolved through binding arbitration administered by the American Arbitration Association, with proceedings held in New York City, New York.

12. Changes to These Terms

We may update these Terms from time to time. We will notify you of material changes by email and by posting the updated Terms on our website with a revised effective date. Your continued use of the Services after changes are posted constitutes acceptance of the updated Terms. If you do not agree to the changes, you must stop using the Services and cancel your account.

13. Contact Information

If you have questions about these Terms of Service, please contact us:

ServersMan VPS - Legal Department
Email: [email protected]
Address: 350 Fifth Avenue, Suite 4820, New York, NY 10118, United States