FAIR USAGE OF SERVICE

          SERVER2VPS does not permit any Customer to use SERVER2VPS’s Services for illegal activities, and Customer warrants that it will not conduct, participate in, allow, or facilitate any prohibited activity. Customer agrees not to post, provide, embed, link, or otherwise make available any Customer Content (as defined SERVER2VPS’s  that:

• infringes on any third party’s intellectual property or publicity/privacy rights;
• violates any applicable law or regulation;
• involves deceptive or fraudulent activities;
• is defamatory, violent, clearly harmful, or obscene or infringes on citizens’ rights;
• contains any viruses, worms, Trojan horses, time bombs, cancel bots, port scanning, stress testing, IP spoofing, Phishing, or other computer programming routines that are intended to
• damage or interfere with any system, data, or personal information;
• attempts to harm SERVER2VPS’s servers or other servers in any way (Attacks, CPU intensive programs for no reason, etc);
• involves spamming, mailservers, or mass marketing of any kind, or any type of investment/lottery sites;
• involves brute force and other vulnerability-checking programs, even if for security purpose;
• involves traffic exchange / relay websites or Services, including autosurf sites, TOR nodes, open public proxies, and topsites list;
• involves mass public file storage of any kind (image hosting site, video hosting site, torrents, etc);
• involves high CPU/Bandwidth usage, I/O usage, and network usage, or in any other way disrupting the performance of other customers;
• involves constantly receiving attacks on Customer’s Services or failure to secure Services properly; or
•  involves crawling/scraping, loading excessive number of websites, or running web macro plugins/scripts.
•  involves running a program/script that is designed to use maximum CPU (such as cryptocurrency miners) and not a general fixed amount equal or lesser to the processing power assigned to your service.

    SERVER2VPS shall have the sole discretion in determining what Customer Content is acceptable, and reserves the right to refuse any other subject matter it deems inappropriate. In the event that any damages are caused by Customer’s violation of this provision, Customer agrees to be liable for all costs associated with reversing the damages.

•  Customer agrees not to circumvent, abuse, or attempt to circumvent or abuse SERVER2VPS security measures and/or billing system. This includes, but is not limited to: creating multiple billing accounts for the same Customer or from the same household, using multiple accounts to deposit funds exceeding amount of funds permitted, creating a billing account for someone other than Customer, or abusing bugs in SERVER2VPS’s system. Any abuse will result in account closure and immediate Service termination, without refund.
•  SERVER2VPS does not permit any type of mass mailing on our servers, and Customers running these types of scripts are subject to Suspension and/or Termination at SERVER2VPS’s discretion. If Customer wants to run a legitimate mail-server or send large amounts of e-mails in a non-spam manner, Customer must purchase one of SERVER2VPS’s Webhosting plans and request SERVER2VPS’s pre-approval for the expected volume of mail Customer seeks to disseminate.

* Any usage by Customer that disrupts the overall performance of our server(s) is not permitted. Customer agrees to operate within the SERVER2VPS usage parameters, which are as follows.

• High CPU:            Customer’s Service cannot burst to 95-100% usage for more than five (5) minutes and cannot average higher than 50% usage within any two (2) hour period. Packages advertised to include dedicated CPU, Services with the high CPU option, and any customized Service plans that include high CPU option may burst to 100% at all times.

• High Load:           Customer’s Service cannot have a 15-minute load average higher than the number of full logical cores assigned and cannot have a 1-day load average higher than 70% of the number of full logical cores assigned.
• High Mail Volume:        SERVER2VPS reserves the right to block port 25 on Customer’s Service. Customer cannot send more than 100 maximum e-mails per hour, and must maintain a similar average volume of mail on a week-to-week basis—no bursting permitted. SERVER2VPS reserves the right to waive this requirement for the purpose of a customized Service plan.
• High I/O:       Customer’s Service cannot average more than 80 IOPS within any two (2) hour period, cannot burst above 300MB/s disk write average for more than ten (10) minutes, cannot average more than 300 write operations per second for more than 1 hour, and cannot be above 20% average utilization within any six (6) hour period.
• High Network Usage:     Customer’s Service cannot have more than 50,000 conntrack sessions at any given time, and cannot use more than the allocated bandwidth. Customer understands that the network is shared and utilizing maximum network speed will not always be possible.

SERVER2VPS reserves the right to deprioritize,. power down, or suspend Customer’s Service(s) at any time in order to avoid congestion and/or disrupting the performance of other customers, which may directly affect the performance of Customer’s Service.

Uptime Guarantee: 

     SERVER2VPS offers a Service uptime guarantee to its Customers. In the event of qualifying Service Downtime, Customer’s account will be credited in accordance with SERVER2VPS’s Service Level Agreement, as expressed herein. In the event of a dispute regarding downtime, it is Customer’s duty to demonstrate to SERVER2VPS’s satisfaction, in SERVER2VPS’s sole discretion, that the provisions of this guarantee have been broken. Customer acknowledges and agrees that slow network speed is not equivalent to downtime and is not subject to the SERVER2VPS Service Level Agreement. Customer agrees that the Service Level Agreement does not apply to certain exemptions, as expressed herein.

Downtime Credits:

      You may contact SERVER2VPS and request a credit for “Downtime” in accordance with the following parameters:

• Uptime Guarantee is triggered once Customer has experienced at least ten (10) minutes of Service downtime. Only downtime experienced in the continuous period thereafter will become creditable as “Downtime,” as defined and measured in this Agreement;
• Once the Uptime Guarantee is triggered, Customer’s Downtime will be measured in weeks, to be rounded up to the nearest whole number.

Customer’s account will be credited for qualifying Downtime, such credit to be put towards the purchase of future SERVER2VPS Services. Credits cannot be redeemed for cash, and are exclusive of any applicable taxes. Service Level Agreement, and any transactions connected therewith, are subject to SERVER2VPS’s  policies.

Exemptions: 

     The Downtime Guarantee does not apply to Service interruptions caused by (i) periodic scheduled maintenance or repairs undertaken by SERVER2VPS from time to time; (ii) downtime caused by Customer; (iii) Suspension Termination of your Services due to legal action taken or threatened against you; (v) Suspension or Termination of your account due violations of this Agreement, as determined in SERVER2VPS’s sole discretion, including but not limited to excessive use of system resources, nonpayment or other billing issues, or identification of your content as fraudulent, prohibited, or otherwise in violation of this Agreement; (vi) downtime caused by issues in third party services, and external from SERVER2VPS’s datacenter(s); (vii) denial of service attacks on unprotected services; or (viii) causes beyond the control of SERVER2VPS or that are not reasonably foreseeable.

Interruption of Service: 

     Customer hereby acknowledges and agrees that SERVER2VPS will not be liable for any actual or economic damages resulting, directly or indirectly, from temporary delay, outages or interruptions of Service(s). SERVER2VPS is not responsible for any damages, including but not limited to, any loss of revenue due to Service disruptions, data breaches, or data loss. Customer understands that SERVER2VPS cannot be held liable for any damages, to Customers or third parties, resulting from the use of SERVER2VPS’s Services. Each party acknowledges that it has not entered into this Agreement in reliance upon any warranty or representation except those specifically set forth herein.