Legal

Terms of Service

Revision date: March 23, 2021
All services provided by 1TBVPS ("1TBVPS") may be used for lawful purposes only. Transmission, storage or presentation of any information, data or material in violation of any United States federal, state or city law is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, or material protected by trade secret and other statute. The subscriber agrees to indemnify and hold harmless 1TBVPS from any claims resulting from the use of service which damages the subscriber or any other party. Prohibited are sites that promote any illegal activity or present content that may be damaging to 1TBVPS' servers, or any other server on the Internet. Links to such materials are also prohibited.

Examples of unacceptable content or links:
     Pirated software
     Warez sites
     Botnets
     D(D)os Software

Server Abuse Any attempt to undermine or cause harm to a server or customer of 1TBVPS is strictly prohibited. As our customer you are responsible for all your accounts. Should you violate the Terms of Services outlined within, your account will be terminated without chance of refund or data retrieval.

Content Policies

Content Monitoring:

The content and type of usage of the service is not regularly monitored for violation of these terms or of applicable law. In the course of performing other duties related to operating 1TBVPS, we may become aware of activities that are in violation of this agreement or applicable law. Upon noticing or being informed of these violations, we may take appropriate action, which, depending on the nature of the infraction, may include a warning, temporary or permanent service suspension, or, in cases of exploitation of children or other serious crimes, notification to the proper authorities. Even if we become aware of a specific violation, this does not obligate us to regularly monitor for future violations by the same customer or any other customer, as we do not have the resources nor the authority to regularly monitor customers in this way. We may, however, monitor the quantity of resources used, such as bandwidth, ram, cpu time, disk space, disk i/o and other statistical information, to ensure proper billing, capacity planning, and service reliability.

Adult content:

All legal adult content is allowed, as per applicable law.

Bit Torrent:

Legal usage of bittorrent is allowed, including running trackers, clients, or websites for non-copyright-infringing material. Laws regarding copyright infringement will apply, according to applicable US law. Frequent or unresolved DMCA complaints regarding bittorrent usage may be grounds for service suspension.

IRC:

Because IRC usage attracts a disproportional amount of denial of service attacks, the 1TBVPS network does not allow usage of IRC clients, servers, bots, or other IRC technology. Customers who are found to be running IRC servers, clients, or bots, may have their service suspended, temporarily or permanently, at the discretion of 1TBVPS. Customers who knowingly run IRC servers, clients, or bots, which are targeted by DoS attacks, may have their service permanently suspended without refund, at the sole discretion of 1TBVPS.

Proxies:

Proxies which are not the cause of frequent or unresolved abuse issues are allowed. Customers who operate proxies which are subject to repeated and disproportionate levels of abuse may have their service suspended. 1TBVPS will not "rotate" or otherwise frequently change IP addresses on request for proxy operators.

TOR Relays:

We do not allow the use of our network to operate ToR relays.

Unauthorized or Pirated Software:

Use of, or distribution of "nulled" scripts, control panels, billing software, or use or distribution of other pirated or illegally modified software, is not allowed on 1TBVPS servers or on the 1TBVPS network. It is forbidden to use 1TBVPS servers to host pirated / "nulled" software, including control panels and billing software. This includes, but is not limited to, "nulled" whmcs, solusvm, cpanel, litespeed, and other software. 1TBVPS will not provide -any- technical support for any server found to be running pirated / nulled system software or control panels. 1TBVPS, at its sole discretion, if it learns customer's server is being used to host pirated software, may choose to terminate customer's service without refund.

Abuse Policies

Account use:

Accounts, passwords, and other private information are provided for customer's use only. The customer is responsible for any use of their services or accounts, and is therefore responsible for maintaining the security of their accounts and passwords. 1TBVPS will only ask for a user's password in response to a support ticket submitted via our secured ticketing system. At no other time should you give your username or password to anybody.

Reselling:

1TBVPS allows and encourages our customers to sell / resell hosting services using the services that we provide to you. The only stipulation is, that you or your employees or agents are responsible for first level technical support and billing for your customers. Any issues that require interaction with our technical support team must be raised in our help desk by yourself or your employees, and not directly by your customers. Even when reselling service to others, resellers are responsible for the actions taken on the services they are paying for, including bandwidth overages, or violations of the terms of service. We can provide some flexibility for resellers, insofar as cancellation of one service for abuse may not require us to cancel the reseller's other services, as would normally be required for regular customers.

Denial of Service Attacks:

In no case may 1TBVPS's services be used to conduct an attack on other networks or hosts, in any capacity. Doing so may result in permanent service suspension without refund. If DoS attacks are made against a customer's services, our first priority is to take steps to mitigate the impact to other customers, which may include null routing the affected ip address(es), or otherwise suspending the service being attacked. In the case that an attack does not affect other customers or the 1TBVPS network, the service being attacked will normally not be taken offline or suspended. Customers who are the target of frequent or repeated denial of service attacks, if those attacks negatively impact the 1TBVPS network or it's customers, may have the services affected by these attacks permanently suspended. 1TBVPS reserves the right to disallow the usage of internet services that are frequent targets of DoS attacks, such as IRC.

Spam:

Sending of bulk unsolicited commercial email (spam), is not allowed and will not be tolerated. Customers using the 1TBVPS network may not send, or allow to be sent, via open relay or other means, unsolicited commercial email. Running a legitimate opt-in mailing list, or emailing existing customers, is of course, allowed. Although we may provide some opportunity to rectify spam problems that are not intentional on the part of the customer, ultimately, every customer is responsible for the activity that occurs via the services that they are paying for. Thus, customers who receive an occasional spam complaint but who do not appear to be knowingly sending spam, may be given notice to correct the issue, but repeated offenses may be grounds for service suspension. During any notice period given (if any), steps may be taken by 1TBVPS as necessary to stop spam from being sent by the customer's services, including temporarily suspending service, firewalling certain traffic, or other appropriate means. Customers who are, as determined by 1TBVPS, knowingly sending spam may have their service permanently suspended without refund. Operating websites or services on the 1TBVPS network, that are being or have been advertised in spam, are also not allowed, and are subject to the same policies as applied to services used to send spam. If customer's improper actions or inactions are the cause of 1TBVPS ip space being listed in any spam blacklist or database, that customer may be permanently suspended without refund, at the sole discretion of 1TBVPS.

Phishing:

Running websites that attempt to steal a user's login information or other personal data (phishing sites) is strictly prohibited. Users who unknowingly host these sites must take them down immediately, and their service may be temporarily suspended until action is taken to rectify the situation. Users who repeatedly host phishing sites, risk having their service permanently suspended. Users who, as determined by 1TBVPS, intentionally host phishing sites using 1TBVPS services may have their service permanently suspended without refund, at our sole discretion.

Digital Millenium Copyright Act (DMCA):

In accordance with the requirements under the Digital Millenium Copyright Act (DMCA), services receiving what constitutes, in 1TBVPS's sole determination, disproportionately large numbers of valid DMCA complaints, which lead 1TBVPS to believe the customer is responsible for willful repeat infringement, may lead to service suspension or termination. 1TBVPS may, but is not obligated to, provide the customer with a warning indicating that corrective action is needed to avoid service disruption due to repeat infringement.

Compliance with Upstream ToS and AUP:

Any or all of a customer's services may be partially or fully suspended or terminated, if, within 1TBVPS's sole determination, suspension or termination of service is appropriate or necessary because the customer has taken any action or their service is associated with any activity (hereafter "Taken Action") that violates the acceptable use policy or terms of service of our upstream internet access providers, colocation providers, or other vendors (hereafter "Upstreams"), or who have Taken Action that may cause or has caused harm to our business relationship with our Upstreams, or who have Taken Action that may cause or has caused our Upstreams to take or threaten to take actions detrimental to our use of our Upstreams services, or who have Taken Action that may cause or has caused any relevant party to take or threaten to take actions detrimental to the continued operation of our business.

Legal Use:

1TBVPS networks and servers may only be used for legally permissible purposes under applicable law. Violations of this rule may lead to temporary or permanent suspension of service, with or without refund, and / or notification of appropriate law enforcement, at 1TBVPS's sole discretion.

Uses that are not allowed include, but are not limited to:
     Illegally defaming or slandering another person or group
     Violating applicable copyright law
     Distributing child pornography
     Transmitting threatening messages
     Violating applicable trademark or patent law
     Using the service to commit denial of service attacks
     Attempting to hack into or otherwise attempt to disrupt any network or system not belonging to you
     Committing any action which incurs legal liability for 1TBVPS
     Acting in any other way not consistent with applicable law


Billing

By the Account Activation Date of each service period based on your plan (monthly or annual), 1TBVPS shall either: (1) debit the client's credit card or other form of payment method (when such information has been provided by the client); or (2) deliver, by e-mail or regular mail, an invoice in accordance with the applicable Service Fees for services rendered for the current billing period. When an invoice is delivered to the client, payment shall be remitted to 1TBVPS by no later than the specified payment due date. 1TBVPS shall be entitled to immediately terminate this agreement for client's failure to make timely payments. You will be provided with an invoice on a monthly or annual basis based on your service plan selection. All payment methods are billed on a monthly basis unless an annual plan was selected. It is the client's responsibility to ensure that they pay the invoice on time. If the client does not pay the invoice by or on the due date, the service will be suspended and ultimately terminated.

Service Fees

Certain services carry a setup fee charged by 1TBVPS to client, which must be paid by client in order to have use of said services. If client terminates this agreement, client shall be responsible for any and all outstanding fees owed to 1TBVPS and agrees to pay any and all fees incurred by client. Because the services are provided on a monthly basis, the client will be responsible for service fees incurred each month, regardless of when client provides notice of termination. Thus, for example, if the client provides notice of termination on the 15th day of a particular month, the client will be responsible for service fees for the entire month, and such fees will not be pro-rated or refunded. If a payment is charged back or disputed via the payment processor, credit card company, the user, or other entity resulting in the funds being unavailable to 1TBVPS, the service associated with the payment will be terminated without chance of data retrieval.

Money back guarantee & refund policy

We offer a 3 day money back guarantee. Refunds are available to customers at our sole discretion.

Cancellation Refunds

We DO NOT refund partial monthly fees to accounts.

Refusal of Service

We reserve the right to refuse, cancel or suspend service, at our sole discretion.

Account Information

We require all information listed on the customer's account to be factual. Providing invalid or non-factual details will result in immediate account and service(s) termination without chance of restitution.

Limitation of Liability

1TBVPS shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from 1TBVPS' servers going off-line or being unavailable for any reason whatsoever. Furthermore, 1TBVPS shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any web site or server data from any of 1TBVPS' servers.

Violations

Violations of these Acceptable Use Policies should be referred to [email protected] All complaints will be investigated promptly. Failure to follow any term or condition will be grounds for immediate account and service(s) termination.

Disclaimer

1TBVPS cannot be held liable for system down time, crashes or data loss. We cannot be held liable for any predicated estimate of profits which a client would have gained if their site was functioning. Certain services provided by 1TBVPS are resold. Thus, certain equipment, routing, software and programming used by 1TBVPS are not directly owned or written by 1TBVPS. Moreover, 1TBVPS holds no responsibility for the use of our clients' accounts. Failure to comply with any terms or conditions will result in the automatic deactivation of the account in question. We reserve the right to remove any account, without advance notice for any reason without restitution, as 1TBVPS sees fit.

Account Activation

By activating your account with 1TBVPS, you agree to the above policies and disclaimer. NOTICE: If you sign up for an account and fail to comply with these terms, no refunds will be given.

Server Uptime Guarantee

1TBVPS guarantees 99.9% uptime on all hosting plans. Should we fail to deliver this for any given calendar month, your account will be credited upon request for an amount we see fit.

1TBVPS reserves the right to amend any or all of the above policies, guidelines and disclaimer without notification. We also retain the right to increase any pricing and make changes to our account plans without notification.

Backups and User Data

IOFLOOD does not provide data backups or disaster recovery services. Customer is solely responsible for their own data and any loss of their own data due to any reason, including but not limited to natural disaster, fire, act of god, human error, hardware failure, security breach, or technical failure. Customer agrees to create and maintain any backups and/or disaster recovery plans and contingencies that they feel are appropriate to their needs. Customer agrees to hold IOFLOOD harmless for any loss of data for any reason.




Privacy Policy

This Privacy Policy governs the manner in which 1TBVPS collects, uses, maintains and discloses information collected from users (each, a “User”) of the 1TBVPS.com website (“Site”) and all services managed and or administrated by 1TBVPS. This privacy policy applies to the Site and all products and services offered by 1TBVPS.

 

Personal Identification Information

We may collect personal identification information from Users in a variety of ways, including, but not limited to, when Users visit our site, register on the site, place an order, and in connection with other activities, services, features or resources we make available on our Site. Users may be asked for, as appropriate, name, email address, mailing address, phone number, credit card information. Users may, however, visit our Site anonymously. We will collect personal identification information from Users only if they voluntarily submit such information to us. Users can always refuse to supply personally identification information, except that it may prevent them from engaging in certain Site related activities.

 

Non-personal Identification Information

We may collect non-personal identification information about Users whenever they interact with our Site. Non-personal identification information may include the browser name, the type of computer and technical information about Users means of connection to our Site, such as the operating system and the Internet service providers utilized and other similar information.

 

Web Browser Cookies

Our Site may use “cookies” to enhance User experience. User’s web browser places cookies on their hard drive for record-keeping purposes and sometimes to track information about them. User may choose to set their web browser to refuse cookies, or to alert you when cookies are being sent. If they do so, note that some parts of the Site may not function properly.

 

How We Use Collected Information

1TBVPS may collect and use Users personal information for the following purposes:

To improve customer service: Information you provide helps us respond to your customer service requests and support needs more efficiently.

To personalize user experience: We may use information in the aggregate to understand how our Users as a group use the services and resources provided on our Site.

To improve our Site: We may use feedback you provide to improve our products and services.

To process payments: We may use the information Users provide about themselves when placing an order only to provide service to that order. We do not share this information with outside parties except to the extent necessary to provide the service.

To run a promotion, contest, survey or other Site feature: To send Users information they agreed to receive about topics we think will be of interest to them.

To send periodic emails: We may use the email address to send User information and updates pertaining to their order. It may also be used to respond to their inquiries, questions, and/or other requests.

 

How We Protect Your Information

We adopt appropriate data collection, storage and processing practices and security measures to protect against unauthorized access, alteration, disclosure or destruction of your personal information, username, password, transaction information and data stored on our Site.

Sensitive and private data exchange between the Site and its Users happens over a SSL secured communication channel and is encrypted and protected with digital signatures.

 

Sharing Your Personal Information

We do not sell, trade, or rent Users personal identification information to others. We may share generic aggregated demographic information not linked to any personal identification information regarding visitors and users with our business partners, trusted affiliates and advertisers for the purposes outlined above.

 

Third Party Websites

Users may find advertising or other content on our Site that link to the sites and services of our partners, suppliers, advertisers, sponsors, licensors and other third parties. We do not control the content or links that appear on these sites and are not responsible for the practices employed by websites linked to or from our Site. In addition, these sites or services, including their content and links, may be constantly changing. These sites and services may have their own privacy policies and customer service policies. Browsing and interaction on any other website, including websites which have a link to our Site, is subject to that website’s own terms and policies.

 

Changes To This Document

1TBVPS has the discretion to update this document at any time. When we do, we will revise the updated date at the bottom of this page. We encourage Users to frequently check this page for any changes to stay informed about how we are helping to protect the personal information we collect and any changes to our policies. You acknowledge and agree that it is your responsibility to review this document periodically and become aware of modifications.

 

Your Acceptance of These Terms

By using this Site, you signify your acceptance of this policy and terms of service. If you do not agree to this policy, please do not use our Site. Your continued use of the Site following the posting of changes to this policy will be deemed your acceptance of those changes.

 

Contacting Us

If you have any questions about this Privacy Policy, the practices of this site, or your dealings with this site, please contact us via email at sales [at] 1tbvps [dot] com.

 

This document was last updated on March 17, 2021

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