This terms of service is an agreement between you, the customer, (including you, and any agents or representatives authorized by you), which may heretofore be referred to as “you”, “your”, “customer” or “user”, and PIA VPS which may heretofore be referred to as “we”, “us”, “our” or “PIA VPS”. This agreement covers the services offered by PIA VPS and used by or purchased by you.
Changes to the Terms of Service
These terms of service may be changed by PIA VPS from time to time, with or without notice.
Billing terms
Money Back Guarantee
All VPS services are refundable if connection is lost before expiration and we do not have the necessary support or replacement. Cryptocurrency payments are refundable, but you will be responsible for the sending fee. Services suspended or terminated due to non-compliance with the Terms of Service are non-refundable.
Billing Methodology and Information
PIA VPS will notify you of your VPS’s expiration date via email 3 days before the expiration date. For previously renewed VPS, we will notify you of the renewal 3 days in advance via Telegram. However, to avoid forgetting, users should save the expiration date to reminders and renew when necessary. All VPS services will cease functioning on the last day before expiration, so please consider renewing at least 3 days before the expiration date to avoid any impact on your work.
Fraud
In the event fraud is discovered, the fraudulent customer is subject to immediate suspension/termination at the sole discretion of PIA VPS. All information available to PIA VPS about the fraudulent account/server will be submitted to both local authorities, as well any financial institutions involved. All fraud orders are investigated, and all fraudulent customers will be prosecuted to the fullest extent of the law, whether it is within the United States, or abroad.
Prices
Price Changes:
PIA VPS reserves the right to change prices for services at the start of a customers next billing cycle for that service. Due to the historically declining prices of bandwidth and computer hardware, we anticipate that price increases generally will not be necessary. However, events outside of our control, such as prices charged to us for software licenses, power, space, or labor, or due to changes in regulations, taxes, fees, or other costs of doing business, are unpredictable in nature and may at some point require raising rates unexpectedly.
Currency and rates:
Currently, all services are priced in US dollars. PIA VPS reserves the right to re-price some or all services in a different currency after giving notice of this change to the affected customers.
Prices valid for new orders only:
Our pricing regularly varies due to our stock on hand and these prices are adjusted on a regular basis as necessary to clear excess inventory or to intentionally slow sales as stock levels dictate. Because of this, any prices listed on our website, in special offers, or given as quotes to specific customers, are valid for new server orders only and may not be applied to existing orders.
Special Offers:
Special promotional pricing may be offered to specific existing or potential customers, or specific groups of potential or existing customers, from time to time, on a case by case basis, taking into account the economics of the particular situation and our business goals at that time. As such, offers made to specific customers, specific potential customers, or specific groups of customers or potential customers, are only valid for those customers the offer is made to, and may not be applied to existing or new orders by any other person or group.
Support
As our services are unmanaged, PIA VPS provides hardware support related to customers server functioning. PIA VPS does not offer software support outside of the installation of items chosen from the order form. PIA VPS only guarantees the default installation of any software, and in no way assumes liability for the configuration of any software. PIA VPS is not responsible for any downtime associated with mis-configuration of Operating Systems. PIA VPS does not provide any type of Support to the Customers of our Customers (Third Party Customers). We will only provide support directly to Customers of PIA VPS.
Backups and Data Loss
Your use of the service is at your sole risk. PIA VPS is not responsible for files and/or data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on PIA VPS servers.
Abuse Policies
All VPS servers prohibit scanning, spamming, phishing, phishing attacks, web data collection, illegal activities, cryptocurrency mining, brute-force attacks, cyberattacks, MAC address changes, VPN installation, Proxy App installation or user creation.
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. PIA VPS 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:
PIA VPS 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 PIA VPS’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 PIA VPS 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 PIA VPS network or it’s customers, may have the services affected by these attacks permanently suspended. PIA VPS 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 PIA VPS 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 PIA VPS as necessary to stop spam from being sent by the customer’s services, including temporarily suspending service, fire-walling certain traffic, or other appropriate means. Customers who are, as determined by PIA VPS, knowingly sending spam may have their service permanently suspended without refund. Operating websites or services on the PIA VPS 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 inaction are the cause of PIA VPS ip space being listed in any spam blacklist or database, that customer may be permanently suspended without refund, at the sole discretion of PIA VPS.
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 PIA VPS, intentionally host phishing sites using PIA VPS services may have their service permanently suspended without refund, at our sole discretion.
Legal Use:
PIA VPS services 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 PIA VPS’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 PIA VPS
- Acting in any other way not consistent with applicable law
Communications
Foul, explicit, rude, or abusive language will not be tolerated and may result in immediate account termination without refund.
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 PIA VPS, 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.
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. Because of resources limitations. Torrents are allowed only on Windows VPS and Dedicated Servers.
IRC:
Because IRC usage attracts a disproportional amount of denial of service attacks, PIA VPS 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 PIA VPS. 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 PIA VPS.
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. Proxy usage is not an acceptable justification for providing more than our normal maximum allocation of ip addresses (8 per dedicated server), nor will PIA VPS “rotate” or otherwise frequently change ip addresses on request for proxy operators.
Bandwidth Usage
You are allocated a monthly bandwidth allowance. This allowance varies depending on the hosting package you purchase. Should your account pass the allocated amount we reserve the right to suspend the account until the start of the next allocation, suspend the account until more bandwidth is purchased at an additional fee, suspend the account until you upgrade to a higher level of package, terminate the account and/or charge you an additional fee for the overages. Unused transfer in one month cannot be carried over to the next month.
Unmetered bandwidth on Windows VPS: The network port is fair-shared so constantly use high amount of bandwidth is not allowed. This includes constantly consume more than 100mbps over 6 hours or burst to the full port (1Gbps or 10Gbps) frequently.
Resource Usage
Any user may not:
- a) Use 100% or more of system resources for longer than 10 minutes.
- b) Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD.
- c) Run any gaming servers.
- d) Run TOR in any shape.
- e) Streaming/Live Streaming.
We reserve the right to terminate any account without warning or notice if any of the above restrictions are violated and to examine the contents of any account at any time.