Terms of Service
“CleanVDS.com” LLC provides web hosting services to clients worldwide. The following Terms of Service are intended to ensure the highest level of service quality.
These Terms of Service (together with the CleanVDS.com Privacy Policy, the “Terms of Service” or the “Agreement”) govern your use of the website and any services, features, content, or applications operated by “CleanVDS.com” LLC (collectively with the website, the “Services”) and provided to the client (“Client”, “you”, or “your”). Please read these Terms of Service carefully before using the Services. These Terms of Service apply to all users of the Services, including any sub-users. By using the Services in any way, you agree to these Terms of Service, as well as to all other rules, policies, and procedures that may be posted by us from time to time on the website without prior notice. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, YOU MAY NOT USE THE SERVICES AND MUST IMMEDIATELY LEAVE THE WEBSITE AND CEASE USING THE SERVICES.
“CleanVDS.com” LLC reserves the right to change or modify these Terms of Service at any time and from time to time without prior notice. However, if any such changes constitute material changes to the Terms of Service, “CleanVDS.com” LLC will notify you either by posting an announcement on the website or by email. Changes and modifications take effect immediately upon being posted on the website. By continuing to access or use the Services after any such changes or modifications, you agree to be bound by the revised Terms of Service. For this reason, we recommend that you review the Terms of Service whenever you use the Services. If you do not agree to any changes to these Terms of Service, you must immediately stop using the Services.
All services provided by “CleanVDS.com” LLC must be used for lawful purposes only. The transmission, storage, or presentation of any information, data, or material in violation of any Irish law is prohibited. The Client agrees to indemnify “CleanVDS.com” LLC against any claims resulting from the Client’s use of “CleanVDS.com” LLC’s services that cause harm to the Client or any other party.
Prohibited Uses
“CleanVDS.com” LLC shall be the sole arbiter of what constitutes a violation of this provision.
Examples of prohibited uses of the services provided by “CleanVDS.com” LLC include, but are not limited to:
- Spam: The sending of unsolicited email from any “CleanVDS.com” LLC server or any server located within the “CleanVDS.com” LLC network is strictly prohibited. “CleanVDS.com” LLC will be the sole arbiter of what constitutes a violation of this provision. This includes opt-in/opt-out email programs and any email that directly or indirectly refers to a domain contained within a “CleanVDS.com” LLC account;
- Running Unconfirmed Mailing Lists: Subscribing email addresses to any mailing list without the explicit and verifiable permission of the email address owner is prohibited. All mailing lists operated by clients of “CleanVDS.com” LLC must be closed-loop (“confirmed opt-in”). A confirmation email response from each subscriber must be kept on file for the duration of the list’s existence. The purchase, sale, or use of third-party email address lists for sending to or referencing any domain hosted by “CleanVDS.com” LLC is prohibited;
- Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to violate this Agreement or the acceptable use policies of any other internet service provider—including, but not limited to, facilitating the sending of unsolicited bulk email, initiating pinging, flooding, mail bombing, text spamming, mass unsolicited text messages, or denial-of-service attacks—is strictly prohibited;
- Harvesting or unauthorized collecting of email addresses without prior notification and consent of the email address owner is strictly prohibited;
- Operating an account on behalf of or in connection with reselling to parties listed in the Spamhaus Register of Known Spam Operations (ROKSO) at www.spamhaus.org is prohibited;
- All commercial email marketing companies must comply with the CAN-SPAM Act of 2003. In addition, such companies are prohibited from sending bulk mail from “throwaway” domain names using Whois privacy protection;
- Setting up your service to function as an open proxy server;
- Cryptocurrency mining (Bitcoin, Ethereum, etc.).
“CleanVDS.com” LLC shall be the sole arbiter of what constitutes a violation of this provision.
Examples of Prohibited Activities within the “CleanVDS.com” LLC Infrastructure:
- Any attempts to undermine or harm the infrastructure of “CleanVDS.com” LLC or a “CleanVDS.com” LLC client are strictly prohibited, including but not limited to:
- Accessing a server or account without authorization;
- Accessing data or taking any action to obtain services not intended for you or your use;
- Attempting to probe, scan, or test the vulnerability of any system, subsystem, or network without the owner’s permission;
- Interfering with, hacking, modifying, or otherwise damaging or breaching security or authentication measures without proper authorization;
- Transmitting materials that contain viruses, Trojan horses, worms, time bombs, cancelbots, or other computer programs or mechanisms intended to or having the effect of damaging, destroying, disrupting, or otherwise impairing the functionality of a computer or system;
- Interfering with, intercepting, or misappropriating any system, data, or information;
- Disrupting service to any user, host, or network, including but not limited to overloading or “crashing” any computer system;
- Misusing system resources, such as using programs that consume excessive network bandwidth, CPU cycles, or disk I/O. Specific limitations of the “CleanVDS.com” LLC infrastructure are defined in the SLA and may vary depending on the type of service provided to the client.
“CleanVDS.com” LLC shall be the sole arbiter of what constitutes a violation of this provision.
Examples of Advertising and Promotional Restrictions for “CleanVDS.com” LLC Clients (Including but Not Limited To):
- n the following scenarios, clients of “CleanVDS.com” LLC are prohibited from advertising, promoting, or making claims related to services hosted on the “CleanVDS.com” LLC infrastructure. This restriction applies to what is stated on your website, to your clients, and in promotional campaigns and marketing materials. It also applies to any claims made by the client regarding services hosted by “CleanVDS.com” LLC.
- Claims related to DDoS mitigation or any associated service, including but not limited to proxy protection, denial-of-service protection, mitigation of denial-of-service attacks, or DDoS/DoS services;
- Any illegal or unlawful activity;
- Any services intended to deceive, defraud, defame, coerce, or involve others in illegal activity.
“CleanVDS.com” LLC shall be the sole arbiter of what constitutes a violation of this provision.
Support
Technical Support
Support from “CleanVDS.com” LLC includes access to technical assistance provided via phone, ticketing system, and email.
Backups
The Client agrees to maintain a current copy of all content hosted by “CleanVDS.com” LLC, regardless of any backup services offered by “CleanVDS.com” LLC.
Scheduled Maintenance and Downtime
“CleanVDS.com” LLC will make every effort to provide services 24 hours a day, seven days a week. The Client acknowledges that from time to time the services may be unavailable or inoperable for various reasons, including periodic maintenance or upgrades (“scheduled downtime”); service malfunctions; and causes beyond the control of or not reasonably foreseeable by “CleanVDS.com” LLC, including but not limited to interruption or failure of telecommunications or digital transmission links, hostile network attacks, network overload, or other failures. “CleanVDS.com” LLC will provide the Client with at least 72 hours’ prior notice of scheduled downtime and will use commercially reasonable efforts to minimize any other service disruptions, unavailability, or inoperability of its web servers. “CleanVDS.com” LLC is not responsible for downtime caused by user actions.
Account Creation and Termination
Account Details
To use the service, you must register or pre-create an account with “CleanVDS.com” LLC (hereinafter referred to as the “Account”). The creation and use of accounts are subject to the following terms and conditions:
- When creating an account, you are required to provide “CleanVDS.com” LLC with certain accurate, valid, and up-to-date information, including but not limited to your name, address, phone number, and email address.
For individuals, the information provided must include at a minimum: the full name of the account holder, residential address, phone number, and email address.
For legal entities, the following must be provided: registered business address, company registration number, phone number, email address, and the full name of the authorized account holder who has the right to manage the account on behalf of the company. - The maximum number of accounts that an individual or legal entity may register with “CleanVDS.com” LLC is limited to no more than one (1) account.
- You are obligated to keep your account information up to date. Maintaining current contact information may be critical for receiving support from “CleanVDS.com” LLC as outlined in the SLA.
Retention of Your Personal Information
The retention of your personal information by “CleanVDS.com” LLC is governed by our Privacy Policy.
At any time, “CleanVDS.com” LLC may request valid verification of the account information you provided, including but not limited to a copy of your personal identification or your company’s license and registration documents. Failure to comply or the provision of false account details may result in the suspension or termination of your account.
Password Protection and Account Authorization
“CleanVDS.com” LLC offers clients flexibility regarding their own passwords, account access, and authentication procedures. Clients are responsible for selecting appropriate authentication methods and for choosing secure information to be used for account authentication. The client is solely responsible for protecting the information used to authenticate their account. The client bears full responsibility for account access, password protection, and server security. “CleanVDS.com” LLC is not liable for any direct or indirect damages resulting from unauthorized account access, password breaches, or hacking.
Termination of Services
“CleanVDS.com” LLC reserves the right, at our sole discretion, to terminate your access to all or any part of the services at any time, with or without notice, as a result of your violation of these Terms of Service or any applicable law. Such termination may result in the forfeiture and destruction of information associated with your account. “CleanVDS.com” LLC may provide advance notice of its intention to terminate services. Any fees paid under this agreement are non-refundable, and any fees owed to “CleanVDS.com” LLC prior to such termination are immediately due, including any costs incurred prior to termination such as collection expenses (including attorney fees) related to recovering such fees or obligations. Upon termination, all rights granted to the client under this agreement will immediately cease, and the client must promptly discontinue use of the services. If you wish to cancel your account, you may do so by following the instructions in the “Cancellation Procedure” section below. All provisions of these Terms of Service that by their nature should survive termination shall remain in effect after termination, including, but not limited to, licenses of user content, ownership provisions, warranty disclaimers, indemnities, and limitations of liability.
Cancellation Procedure
To terminate an account, valid proof of account ownership is required. This includes, but is not limited to, the payment password or an account passphrase created by the client. Unsecured information such as the contact email address or billing address of the account is not sufficient for security verification. “CleanVDS.com” LLC cannot schedule cancellation requests in advance. The client is responsible for any charges incurred for services unless an official cancellation request has been submitted.
Please note that we retain client activity logs and personal data for at least 36 months. This is done in accordance with Federal Law No. 152-FZ “On Personal Data” and for the purpose of diagnosing and resolving potential issues that may arise in the future. This topic is addressed in our Privacy Policy under the sections “Data Retention” and “Data Security.”
Billing
Your account will be charged based on the selected billing cycle for the service. Billing dates will recur on the date the account was originally opened.
Refunds
We will issue refunds on a case-by-case basis in accordance with our SLA. In the case of unused funds being refunded, the refund amount will equal the balance of unused funds in the account minus any transaction fees charged by the payment systems.
Any violation of “CleanVDS.com” LLC’s Terms of Service Agreement will render the client ineligible for any refund.
Credit Card Refunds
The refund fee for credit card payments is equivalent to the transaction fees charged by payment systems. The original charge and penalty must be paid immediately to ensure that services remain online and accessible. If the client or someone paying on their behalf has used a credit card for services that result in two or more chargebacks, this will result in the revocation of credit card payment privileges (full payment must then be made via money transfer or wire transfer). This fee will be waived and credit card privileges reinstated if the chargeback is found to have occurred in error, provided appropriate supporting documentation is submitted. If a credit card has been used for multiple client accounts that result in multiple chargebacks, each account will incur a chargeback fee. Any chargebacks received will be reversed from the client’s account balance, and the remaining balance will become immediately due. Unpaid balances are subject to the unpaid fees and overdue account policies and may lead to service suspension or account termination (if an account is terminated, all data it contains will be deleted).
Responsibility for Automated Payments
When a client sets up an automatic payment profile for recurring payments to “CleanVDS.com” LLC, the client is responsible for canceling that profile if they no longer wish to use it. “CleanVDS.com” LLC is not responsible for processing or refunding payments received for non-existent or discontinued services.
Payment Dispute Policy
Please note that “CleanVDS.com” LLC reserves the right to immediately terminate all accounts and services related to a payment dispute, without a refund, if we deem your dispute with the payment processor regarding payments made for services from “CleanVDS.com” LLC to be an abuse of the payment system (if an account is terminated, all associated data will be deleted).
Client Default
(Service suspension due to late payment.) All invoices are generated 7 days prior to the due date. If a client fails to pay an invoice within 3 days after its due date, “CleanVDS.com” LLC reserves the right to suspend the service without further notice. If services are suspended due to non-payment, the client must pay all overdue charges up to the date of suspension in order to restore service.
Remedies for Default; Termination
In addition to any rights and remedies provided to “CleanVDS.com” LLC under these Terms of Service (including, but not limited to, the right to collect overdue payments), upon an event of default, “CleanVDS.com” LLC may (a) terminate services to the client without notice, and (b) terminate services not less than fifteen (15) days after written notice, all at the client’s expense. Upon such termination, the client agrees to immediately pay “CleanVDS.com” LLC all fees and amounts owed for services rendered through the effective date of termination.
Governing Law
“CleanVDS.com” LLC operates in accordance with the laws of the United States, State of Wyoming (WY).
Dispute Resolution
If a dispute between “CleanVDS.com” LLC and the client cannot be resolved through negotiation, it shall be resolved through arbitration in accordance with applicable Russian law and jurisdiction rules. Each party shall bear its own costs and legal fees in connection with the arbitration. The arbitration will take place in the Arbitration Court of Saint Petersburg and the Leningrad Region, unless both parties agree in writing to an alternative venue. Any threat of legal action against “CleanVDS.com” LLC may result in the immediate suspension of all services provided to the client.
Indemnification
The client agrees to indemnify and hold harmless “CleanVDS.com” LLC, its subsidiaries, affiliates, and each of their respective directors, officers, employees, shareholders, and agents (each an “Indemnified Party”) from any and all claims, losses, liabilities, damages, actions, proceedings, judgments, or associated costs (collectively, “Losses”) incurred by an Indemnified Party arising from or relating to this agreement, the client’s use of products and services, any breach of confidentiality obligations, or alleged infringement of any trademark, copyright, patent, or other intellectual property right, and shall reimburse the Indemnified Party for all legal and other expenses, including reasonable attorney’s fees, incurred in investigating, defending, or settling such Losses, whether or not in connection with pending or threatened litigation in which the Indemnified Party is a party.
Limitation of Liability
Except as set forth in the SLA, “CleanVDS.com” LLC shall not be liable to the client for damages arising out of or related to the client’s services or the inability to use those services unless such damages result from intentional misconduct. “CleanVDS.com” LLC shall not be liable for lost profits, indirect, special, incidental, consequential, or punitive damages. Regardless of anything else in these Terms or the Service Agreement, the total cumulative liability of “CleanVDS.com” LLC and its employees, agents, or affiliates under any legal theory shall not exceed the average monthly fee collected on the client’s account. Except as otherwise provided in these Terms, all products and services are provided “as is,” without any warranties, express or implied, and “CleanVDS.com” LLC disclaims all implied warranties, including but not limited to warranties of merchantability or fitness for a particular purpose. The client is solely responsible for the selection, use, and suitability of any product or service, and “CleanVDS.com” LLC assumes no liability for service failures. CLIENTS ARE RESPONSIBLE FOR SECURING THEIR SERVERS.
Advertising Use
“CleanVDS.com” LLC may reference you, your company, or your logo for promotional purposes. Your company name, logos, and the services provided to you by “CleanVDS.com” LLC may be used in marketing materials, advertisements, press releases, newsletters, public disclosures, and on the “CleanVDS.com” LLC website. Such references will be strictly limited to disclosing that “CleanVDS.com” LLC has provided services to your company and will not include any confidential or private information. No personal identity information or technical details about your server’s configuration will be disclosed. However, “CleanVDS.com” LLC may disclose any information requested by law enforcement or required by court order or applicable law or regulation.
General
These Terms of Service may be updated without prior notice. Any content not in compliance with these standards may be removed without notice to the client.
These Terms of Service constitute a legally binding agreement between the client and “CleanVDS.com” LLC.
By opening an account, the client agrees to the above terms.
Anything not expressly included in the Terms of Service may be interpreted and modified by “CleanVDS.com” LLC administrators without prior notice.
Any violation of these Terms of Service will result in account termination. “CleanVDS.com” LLC reserves the right to terminate accounts without prior notice.
Any work or professional services performed or provided by “CleanVDS.com” LLC under this agreement shall not be considered employment.
If a client is banned for violating one or more terms of “CleanVDS.com” LLC’s Terms of Service, “CleanVDS.com” LLC reserves the right to deny access and/or destroy any client data stored on the server or in the offending account.
You are responsible for all activity conducted under your account, whether performed by you or by others.
All ip subnets and dedicated servers provided by “CleanVDS.com” LLC must adhere to the above policies.
Legal Information
Amedi Limited
Reg Num: 744233
Tel: +447383300470
Email: info@CleanVDS.com
Email: support@CleanVDS.com
Address: Eclipse Cottage 3, Blackwater Bridge, Killarney, KERRY, V93 Ee03 Ireland