TOS - Terms of Service
Terms of Service and Acceptable Use Policy
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.
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.
Fair Share Policy - VPS service
It is permitted to use all of the allocated resources without any additional limitations with the exception of CPU.
We allow to max out CPU for short periods of time. However, please make sure that 1-hour average CPU load does not exceed the following levels:
Micro-64 Plan: 10% of 1 core
Micro-96 Plan: 13% of 1 core
Micro-128 Plan: 15% of 1 core
5G Plan: 20% of 1 core
10G Plan: 25% of 1 core
20G Plan: 50% of 1 core
40G Plan: 75% of 1 core
80G Plan: 100% of 1 core
160G Plan: 100% of 1 core + 50% of 2nd core
320G Plan: 100% of 2 cores
480G Plan: 100% of 3 cores
640G Plan: 100% of 4 cores
960G Plan: 100% of 6 cores
1280G Plan: 100% of 8 cores
3G/128M Promo plan: 10% of 1 core
5G/256M Promo plan: 14% of 1 core
5G/512M Promo plan: 17% of 1 core
10G/512M Promo plan: 17% of 1 core
20G/1024M Promo plan: 25% of 1 core
30G/4G RAM Promo plan: 50% of 1 core
When your VPS uses more CPU time than described above for long periods of time, its CPU clock is automatically forced to the corresponding value (i.e., you will not be able to use more CPU cycles than shown above). You will see a corresponding message on the main screen of the KiwiVM control panel.
Once high CPU load is removed, our system will automatically remove this limitation from your account.
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 your effort. Use coupon ireadtheterms 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 your VPS was hacked)
- Distribution of malware/viruses - with or without knowledge
- Port scanning
- 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
- KiwiVM API abuse (making excessive, unjustified API calls)
- Using abusive language towards our employees or entering multiple new tickets for the same 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 KiwiVM control panel. 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 your VPS OR Sending out mass 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 one 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.
We are actively monitoring our IP space and we test each IP address before assigning to a customer's VPS. We make sure each new VPS is delivered with clean IPs. We will not be able to issue a refund in case any IP(s) assigned to your VPS get blacklisted, until the IP is no longer on any blacklist(s).
Furthermore, getting your IP blacklisted will make it impossible to use Datacenter Migration feature in the KiwiVM control panel until the IP is no longer on any blacklist(s).
Cancellations and Refunds
Customer may cancel the service at any time from their control panel. We do not impose any restrictions on cancellations. A full refund will be provided if requested within the first 30 days of activation. We can only refund one service per customer account. Refunds are not provided for services that were suspended due to Terms of Service violation(s) or when an IP address assigned to a service is on any blacklist (Spamhaus, Great Firewall of China, etc).
To request a refund, please refer to the following KB article: https://bandwagonhost.com/knowledgebase/4/Refunds.html
Please note that we are unable to issue refunds on "Add Funds" type of transactions.
Chargebacks and Paypal Disputes
Please do not create a Paypal dispute in order to get a refund, as this will only make the process longer and will create more work for both - customer and us.
Furthermore, initiating a chargeback or a Paypal dispute will result in an immediate suspension of all services under your name (and possibly any other associated accounts) until the dispute is resolved. In addition we reserve the right to bill you for the chargeback fees we incur plus time we spend on dealing with the dispute (time spent locating and suspending affected services, communicating with payment processors and/or banks and dealing with customer's tickets etc). We bill $40 per hour in 15-minute increments and services will not be resumed until the bill is paid.
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.
In order for us to assign an IPv4 or IPv6 address to a customer's hosting account, we have to 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.
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.
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).
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.
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.
All VPS come with the following:
- PPP and VPN support (tun/tap)
- Instant RDNS setup
- ACL support
- Full root access
- Powered by KiwiVM
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