Terms of Service and Acceptable Use Policy
All our services are strictly self-managed.
While we maintain the 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.
In case of service outages we provide support through our forums: http://forums.xvmlabs.com.
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
It is permitted to use all of the allocated resources with a few exceptions.
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 values:
- 5% of 1 CPU core for 128 MB RAM plans
- 7% of 1 CPU core for 512 MB RAM plans
- 10% of 1 CPU core for 1024 MB RAM plans
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.
We allow to max out your network port for short periods of time.
However, please make sure that your data transfer usage is more or less uniform throughout 1-month period, otherwise we reserve the right to throttle the network port of your VPS to a reasonable speed.
Here are a few examples of data transfer patterns that we may throttle:
- Using up all or most of your allocated data transfer in just a few days
- Short bursts of data transfers at regular intervals (i.e., unthrottled daily backup of large amounts of data)
Acceptable Use Policy
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, web crawling
Should we find out that our Customer 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.
After 3 suspensions in one calendar year the VPS becomes permanently suspended until January 1st of the next year.
DoS attacks originating from your VPS may incur a $50 admin fee per incident.
Sending out mass e-mails may incur a $50 admin fee per incident.
We reserve the right to terminate services without providing a reason. In this case we will provide a refund for the unused service.
We do not provide refunds, all sales are final.
To cancel a service, simply disregard your next invoice.
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 must 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 do not offer an Affiliate program at this time.
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.