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TOS - Terms of Service

Terms of Service

 

 

By using or otherwise engaging any of the computer systems, services, resources, or facilities that we make available or otherwise provide to you (collectively, “services”), you agree to the following terms (this “ToS”), which will apply to all matters arising between you and us. In this ToS, unless the context requires otherwise, “us”, “we”, and “our” refers to IT7 Networks Inc., while “you” and “your” refers to the named account holder and user of our services.

 

Support

 

You certify and represent to us that you have sufficient knowledge to manage all aspects of a computer running a Linux-based operating system, on your own and without any assistance from us. The services we provide to you will be strictly managed by you at all times. Although we maintain and manage our servers and the software that we install on them (collectively, the “host server”), we will not install software on or manage the virtual private server (the “VPS”, which runs on the host server) that you access and use. In other words, we are only responsible for the host server, and we will not assist you with installing or configuring applications, troubleshooting, recovering from backups, etc. on the VPS that we allocate to you (“your VPS”) – these are solely your responsibility.

 

Backups

 

Our data storage system is fully redundant, which means that a failure of one component should have no effect on data integrity. However, we accept no liability or responsibility whatsoever for loss of or harm to any data of yours, nor for any damages you may suffer in connection with such loss or harm to your data. We strongly encourage you to implement your own backup solution and to periodically ensure that you can recover your own data.

 

VPS Service - Fair Share Policy

 

You are permitted to use all server resources that we allocate to you in connection with our services, with a few exceptions as described below.

 

Storage I/O

 

Please avoid situations where your VPS is constantly performing storage I/O operations at a rate over 100 MiB/s for prolonged periods of time (4+ hours). Should storage I/O usage exceed this value, we will inform you via email. Should storage I/O continue after such notification, we reserve the right to temporarily suspend service until this is resolved.

 

Central processor (“CPU”) resources

 

We allow you to use 100% of the CPU resources on your VPS for short periods of time. However, one-hour-average CPU load on your VPS should not exceed the maximum level permitted as per limits set out below:

 


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
30G/4G RAM Promo plan: 50% of 1 core

V3 10G/512M Promo plan: 17% of 1 core
V3 20G/1G Promo plan: 25% of 1 core
V3 40G/2G Promo plan: 50% of 1 core
V3 80G/4G Promo plan: 100% of 1 core
V3 160G/8G Promo plan: 100% of 1 core + 50% of 2nd core
V3 320G/16G Promo plan: 100% of 2 cores

V3 CN2GIA 10G/512M Promo plan: 50% of 1 core
V3 CN2GIA 20G/1G Promo plan: 100% of 1 core
V3 CN2GIA 40G/2G Promo plan: 100% of 1 core + 50% of 2nd core
V3 CN2GIA 80G/4G Promo plan: 100% of 2 cores
V3 CN2GIA 160G/8G Promo plan: 100% of 3 cores
V3 CN2GIA 320G/16G Promo plan: 100% of 4 cores

V5 CN2GIA 20G/1G Promo plan: 100% of 1 core
V5 CN2GIA 40G/2G Promo plan: 100% of 1 core + 50% of 2nd core
V5 CN2GIA 80G/4G Promo plan: 100% of 2 cores
V5 CN2GIA 160G/8G Promo plan: 100% of 3 cores
V5 CN2GIA 320G/16G Promo plan: 100% of 4 cores
V5 CN2GIA 640G/32G Promo plan: 100% of 6 cores
V5 CN2GIA 1280G/64G Promo plan: 100% of 8 cores

V5 HONG KONG 40G plan: 100% of 1 core
V5 HONG KONG 80G plan: 100% of 2 cores
V5 HONG KONG 160G plan: 100% of 3 cores
V5 HONG KONG 320G plan: 100% of 4 cores

BETA KVM Plan: 20% of 1 core

2018-11-11 CN2 Special V3 plan: 50% of 1 core
2018 Black Friday CN2 Special V3 plan: 25% of 1 core
2018 Black Friday CN2 GIA Special V3 plan: 25% of 1 core
2018 Cyber Monday Special V3 plan: 50% of 1 core
2018-12-12 CN2 DC8 Special V3 plan: 25% of 1 core
Limited edition plans: 30% of 1 core

 

If your VPS exceeds hourly average limits as set out above, the CPU resources available on your VPS will be automatically limited to a level as set out above. In other words, your VPS will not be able to use more CPU resources than permitted under your current plan. A notice should appear on the main screen of the KiwiVM control panel for your VPS if you encounter this CPU limit. Once the CPU resources used by your VPS are reduced to the level permitted under your current plan, the aforesaid limitation on CPU resources will be automatically lifted. We do not impose any other limitations on CPU usage; you are allowed to use as much CPU as your VPS allocates and we will not suspend or limit our services further than stated.

 

Acceptable Use

 

Thank you for spending the time to read this ToS – we really appreciate your effort. You may use coupon code “ireadtheterms8” when ordering our services to receive a small discount. However, please be sure to read on…

 

We do not tolerate the following activities on our servers:

 

  • Spamming (including unsolicited email, search engine spam, doorways, form spamming, etc.);
  • Mass mailing of any type (including double opt-in) – only occasional/incidental transactional emails are allowed to be sent from our network;
  • Denial of service (“DoS”) or other attacks (whether outgoing or incoming);
  • Hacking (including situations where a VPS was hacked);
  • Distribution of malware/viruses, with or without your knowledge;
  • Port scanning;
  • Cryptocurrency mining;
  • IRC activity (client, server, bot, etc.);
  • Distribution of trademarked or copyrighted content (e.g. mp3s, movies, etc.) that you do not own or have a valid license to distribute – we honor all DMCA complaints;
  • Cracked software, unauthorized replicas, counterfeit and illegal items, and the like, and links to such content;
  • BitTorrent (trackers, clients, files, links, etc.);
  • Nested virtualization (e.g. running Qemu) – Docker is a permitted exception;
  • Open proxy servers (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;
  • Pornography and other sexually explicit content;
  • Data mining, crawling;
  • KiwiVM API abuse (e.g. making excessive or unjustified API calls); or
  • Using abusive language towards our employees, spamming our support ticket queue with the same question or issue, threats of any kind, and any other conduct we reasonably deem unacceptable.

 

The foregoing are just examples of our overriding policy that you may not abuse our services. If we determine that you are in breach of our reasonable policies (including but not limited to those described in this ToS), we may suspend our services to you indefinitely (in which case a brief explanation will be posted automatically to the KiwiVM control panel on your VPS). In that case, we may, at our discretion, restore our services to you if you acknowledge that your actions have contravened our policies and we are satisfied with your plan to correct your actions. Such resolution to the suspension of our services may occur in the KiwiVM control panel without involving our technical support resources.

 

Without limiting the foregoing, repeat infractions of our policies may incur a $50 administration fee per incident, and may further entail suspension of all our services under your account until this fee is paid.

 

If we temporarily suspend our services to you more than once in the same calendar year, we may immediately suspend service to you until January 1st of the next year. The number of suspensions that will lead to such extended suspension may vary between 3 and 100 depending upon the nature of the infraction. We use an abuse scoring system to weigh infractions, and you will be able to see your current abuse score in the KiwiVM control panel upon service suspension.

 

Accounts

 

You are the account holder with us, and each VPS you use represents a separate service. We will only provide services to you if we have your real name and valid and sufficient contact information for you. We may suspend or terminate our services to you at any time if your contact information contains invalid information (e.g. incorrect name, address, phone number, etc.). We may seek to verify your contact information with third parties, and may request sufficient clarification from you and from third parties in case we are unable to verify your contact information.

 

We do not allow assignment, sale, or transfer of customer accounts from one person or entity to another. You have no right to assign, sell, or otherwise transfer your rights under this ToS to anyone.

 

Cancellations and Refunds

 

Notwithstanding anything else set out in this ToS, we may in our sole discretion terminate our services to you at any time without cause. In the event that we exercise this right, we will provide you with a refund for any unused services that you have already paid us for.

 

You may cancel service renewal at any time in the billing portal.

You may request a refund of your payments to us, provided that all of the following conditions are met:

 

  1. Your account was created 30 or fewer days ago
  2. Your account with us is in good standing (i.e. there are no overdue amounts owing) and there have been no violations of this ToS;
  3. None of your payments to us have been previously been or currently are disputed or charged back;
  4. None of the IP addresses assigned to your VPS are on any blacklist or blocklist, and none of those IP addresses were previously replaced by us due to blacklisting;
  5. The monthly data transfer usage on your VPS is under 10% of your monthly quota;
  6. The number of services (active or cancelled) under your account is 3 or fewer;
  7. The sum of all payments you have made to us is $60 or less and the total number of payments you have made to us is 10 or fewer; and
  8. You have not previously received a refund under a different account.

 

When a refund is requested and all the foregoing conditions are met, we will do the following:

 

  1. Provide a full refund of payments made towards the account, starting from the time the account was created, with the exception of payments for IP address changes (if any);
  2. Immediately terminate all services under the account; and
  3. Immediately and irreversibly delete all data, snapshots and backups associated with the account.

 

Refunds will only be issued in the original form of payment. After a refund is processed, the relevant account may be used for future orders, but it will not be eligible for any further refunds.

 

Refunds can be requested here: https://bandwagonhost.com/knowledgebase/4/Refunds.html

 

Blacklists

 

We actively monitor our IP address space and we test each IP address before assigning it to a VPS, to make sure each new VPS is delivered with a clean IP address. Therefore, we will not issue a refund when any IP address assigned to a VPS gets blacklisted.

 

Be aware that if an IP address assigned to your VPS is blacklisted, it will be impossible to use the “Datacenter Migration” feature in the KiwiVM control panel until that IP address is no longer on any blacklists for at least 7 consecutive days.

 

Chargebacks and Paypal Disputes

 

Please do not file or lodge a dispute with Paypal in order to get a refund, as this will prolong the process and create more work for you and for us.

 

Initiating a chargeback or a Paypal dispute will result in the immediate suspension of our services to all accounts under your name and, at our discretion, any other associated accounts, until the dispute is resolved. Additionally, we may charge you for any chargeback fees we incur, and for any time we spend dealing with the dispute (e.g. time spent locating and suspending affected services, communicating with payment processors and banks, dealing with your support tickets, etc.). In such cases, we will bill $40 per hour in 15-minute increments, and our services to you will not be resumed until your account is paid in full.

 

Data Protection

 

We may share your personal information with third parties in the following circumstances:

 

  • In order for us to assign an IPv4 or IPv6 address to your VPS, we will submit your personal information to the appropriate regional internet registry; and
  • If there is a payment transaction inquiry by a third-party payment processor, we will share your information with the payment processor used to process your order for our services.

 

In no other case will we share your personal information with third parties unless we are required to do so by law. We truly appreciate you reading this far. Use coupon code “ireallyreadtheterms8” when ordering services to get a small discount.

 

Affiliate Program

 

Participation in our affiliate program is optional.

 

If you choose to participate in our affiliate program, these rules apply to you:

 

Affiliate links must be followed naturally by real individual users of a website who are not paid to follow the links. You may use URL shortening or URL masking techniques to hide affiliate links, however, your users must follow each affiliate link naturally and not as the result of confusing or misleading information. We may review the use of our links to make sure you comply with our policies. If we are unable to verify the source of visitors to our website through affiliate links you use, we may refuse your requests to withdraw funds.

 

The following practices are strictly forbidden and will result in a permanent ban from our affiliate program:

 

  • Cookie-stuffing (i.e. loading affiliate links by using an invisible image) and similar techniques;
  • Any activity that artificially increase visitors to our affiliate links (e.g. click and pageview exchange services);
  • Mentioning our affiliate links in any type of unsolicited communication, potentially including email, forum posting, private messaging, instant messaging, etc.;
  • Using affiliate links to order service for yourself or your family, or on behalf of someone else; and
  • Offering cash back or any other monetary incentive to visit affiliate links.

 

If, in our sole discretion, we determine that you have violated our affiliate link policies, we may suspend our services to you and refuse your requests to withdraw funds.

 

Commission payouts under $1000 will be provided via Paypal. For amounts over $1000, we may make a payouts via Paypal or via bank (wire) transfer at our discretion.

 

Limitation of Liability

 

Notwithstanding anything to the contrary in this ToS or any other agreement between us, we will have no liability whatsoever to you for any direct, consequential, indirect, special, incidental, punitive, or exemplary damages or losses, including but not limited to loss of business or business opportunities, loss of contracts, loss of use, loss from business interruption, loss of profits or revenue, or damage to business reputation, howsoever caused, and even if due to data loss, service interruption, negligence, or any combination thereof. Without limiting the foregoing, in the event that we are determined to be liable to you on any grounds, our total cumulative liability to you for all claims, damages, and causes of action arising from or relating to our services or this ToS or any combination thereof, howsoever caused, and even if due to data loss, service interruption, negligence, or any combination thereof, will not exceed the total cumulative dollar amount you have paid us in connection with your account.

 

Indemnification

 

Without limitation, you will defend, hold harmless, and indemnify us and our directors, officers, employees, agents and contractors from and against all actions, charges, claims, costs, damages, demands, expenses, losses, suits, and the like, including legal fees and costs, that arise in connection with our services or this ToS or any combination thereof, even if due to data loss, service interruption, negligence, or any combination thereof.

 

Legal Advice

 

You acknowledge that you had the opportunity to seek independent legal advice before using or otherwise engaging our services and thereby agreeing to this ToS.

 

Miscellaneous

 

You agree to pay us all amounts you ever owe us promptly and without delay, counter-claim, or set-off.

 

Nothing in this ToS binds us to deliver or continue to deliver our services to you. We make no warranties or representations of any kind, whether expressed or implied, with respect to our services. If delivery of our services is delayed or prevented for any reason beyond our control (including but not limited to law, decree, riot, war, strike, fire, flood, Act of God, and terrorism), then our services will be deemed suspended, without liability, for so long as that reason continues.

 

We may immediately suspend or terminate our services to you if we determine, in our sole discretion, that your use of our services violates this ToS or presents a security threat of any kind, including but not limited to security threats to our customers, our equipment, or our network. Any waiver of our rights or failure to insist on performance under this ToS will not be construed as a continuing or binding waiver and this ToS will continue in full force and effect.

 

This ToS and all business and other matters between us will be governed, construed, and enforced solely in accordance with the laws of the province of British Columbia and the federal laws of Canada applicable therein, without regard to any conflict of law or choice of law rules thereunder, and regardless of the location of you or us or any servers or other computers.

 

You and we agree to submit and attorn to the exclusive jurisdiction of the courts of the province of British Columbia, Canada. Without limiting the foregoing, any portion of this ToS that is prohibited or unenforceable in the jurisdiction where this ToS is enforced will, as to that jurisdiction only, be ineffective to the extent of such prohibition or unenforceability, but no further, without invalidating the remainder of this ToS, and such prohibition or unenforceability will not invalidate or render unenforceable any other portion of this ToS.

 

To the extent permitted by law, you waive any and all rights and remedies granted to you by any law, statute, regulation, or the like that would, in any manner, affect our rights and remedies or otherwise limit or alter this ToS.

 

This ToS will be interpreted with all changes to number and gender as the context requires. If you consist of more than one person, all of you will be jointly and severally liable.

 

This ToS and all documents and communications between us will be in English.

 

Time is of the essence of this ToS and all agreements between us.

 

This ToS will be enure to the benefit of and be binding on you and us and our respective successors and lawful assigns.

 

This ToS supersedes and replaces all prior versions of our ToS. We may, at our sole discretion, update and change this ToS at any time upon seven (7) days’ notice to you, and such updates and changes will be binding on you. Any notice to you in connection with this ToS will be delivered by email to the primary email address associated with your account.

 

Document last modified: 2020-02-25

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