Terms of Service
Please read these terms carefully before using our VPS hosting services.
Agreement to Terms
By accessing or using CLOUDY VPS services ("Services"), you agree to be bound by these Terms of Service ("Terms"). If you disagree with any part of these terms, you may not access our services.
These Terms apply to all users, including visitors, customers, and others who access or use the Services.
Services Description
CLOUDY VPS provides Virtual Private Server (VPS) hosting services, including but not limited to:
- Virtual server provisioning and management
- Dedicated IP addresses
- Bandwidth allocation
- Storage services
- Technical support
- Server monitoring and maintenance
We reserve the right to modify, suspend, or discontinue any part of our Services at any time with or without notice.
Account Registration
To use our Services, you must:
- Be at least 18 years of age
- Provide accurate and complete registration information
- Maintain the security of your account credentials
- Accept responsibility for all activities under your account
- Notify us immediately of any unauthorized use
You may not use another person's account without permission. We reserve the right to refuse service, terminate accounts, or remove content at our discretion.
Payment Terms
Billing
- Services are billed monthly in advance unless otherwise specified
- All prices are listed in US Dollars (USD)
- Payment is due upon invoice receipt
- We accept major credit cards, PayPal, and bank transfers
Refund Policy
- 30-day money-back guarantee for new customers on first purchase
- Refunds are processed within 7-10 business days
- No refunds for service violations or abuse
- Setup fees and domain registrations are non-refundable
Late Payment
Accounts with overdue payments may be suspended without notice. Services will be terminated after 14 days of non-payment. We are not liable for any data loss resulting from account termination due to non-payment.
Acceptable Use Policy
You agree NOT to use our Services for:
- Illegal activities or promoting illegal activities
- Distributing malware, viruses, or harmful code
- Spamming or unsolicited bulk email
- Hosting phishing sites or fraudulent content
- Copyright or trademark infringement
- Pornographic or obscene content involving minors
- DDoS attacks or network abuse
- Cryptocurrency mining without prior approval
- Proxy/VPN services for illegal activities
- Excessive resource usage that affects other customers
Warning: Violation of this Acceptable Use Policy may result in immediate service termination without refund. We cooperate fully with law enforcement authorities.
Resource Usage
Each VPS plan includes specific resource allocations. You agree to:
- Use resources within your plan's limits
- Not interfere with other users' services
- Not attempt to bypass resource limitations
- Upgrade your plan if you consistently exceed limits
We reserve the right to suspend or limit services if your usage significantly exceeds your plan limits or impacts other customers.
Data and Backups
You are solely responsible for:
- Maintaining backups of your data
- The content you store on our servers
- Ensuring your data complies with applicable laws
While we implement backup systems, we do not guarantee data recovery in case of hardware failure, user error, or other circumstances. We strongly recommend maintaining independent backups.
Service Level Agreement (SLA)
We guarantee:
- 99.9% Network Uptime: Excluding scheduled maintenance
- Hardware Replacement: Within 4 hours for critical failures
- Support Response: Within 1 hour for urgent tickets
If we fail to meet these guarantees, you may request service credits. Credits are limited to one month's service fee and must be requested within 30 days of the incident.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW:
- Our liability is limited to the amount paid for services in the past 12 months
- We are not liable for indirect, incidental, special, or consequential damages
- We are not liable for loss of data, profits, or business opportunities
- We are not liable for third-party actions or service interruptions beyond our control
Some jurisdictions do not allow limitation of liability for certain damages. In such cases, our liability will be limited to the greatest extent permitted by law.
Indemnification
You agree to indemnify and hold harmless CLOUDY VPS, its officers, directors, employees, and agents from any claims, damages, losses, or expenses (including attorney's fees) arising from:
- Your use of our Services
- Your violation of these Terms
- Your violation of any third-party rights
- Content you host on our servers
Intellectual Property
All content, trademarks, and intellectual property on our website and services remain our property or our licensors'. You may not:
- Copy, modify, or distribute our proprietary content
- Use our trademarks without written permission
- Reverse engineer our software or systems
You retain ownership of your own content and data hosted on our servers.
Termination
Either party may terminate services:
- By Customer: Cancel anytime through your account dashboard or by contacting support
- By Us: For violation of these Terms, with or without notice
Upon termination:
- Your access to services will be revoked
- Your data may be deleted after 7 days
- Outstanding payments remain due
- Provisions that should survive termination will remain in effect
Governing Law
These Terms shall be governed by and construed in accordance with the laws of the United States, without regard to conflict of law principles. Any disputes shall be resolved in the courts located in [State], United States.
Changes to Terms
We reserve the right to modify these Terms at any time. Material changes will be notified via email or website notice at least 30 days before taking effect. Continued use of our Services after changes constitutes acceptance of the new Terms.
Contact Information
For questions about these Terms of Service, please contact us:
CLOUDY VPS Legal Department
Email: legal@cloudyvps.com
Support: support@cloudyvps.com
Address: 123 Cloud Street, Tech City, TC 10001, United States