TOS - Terms of Service
Terms of Service and Acceptable Use Policy
All our services are strictly self-managed. While we maintain the ideal 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.
Customer certifies that he or she has the knowledge required to manage a Linux OS.
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 - VPS service
It is permitted to use all of the allocated resources without any additional limitations with the exception of CPU.
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 levels:
Micro and Petite plans:
Micro-64 Plan: 10% of 1 core
Micro-96 Plan: 13% of 1 core
Micro-128 Plan: 15% of 1 core
Petite-128 Plan: 15% of 1 core
5G Plan: 20% of 1 core
10G Plan: 25% of 1 core
20G Plan: 50% of 1 core
40G Plan: 75% of 1 core
80G Plan: 100% of 1 core
160G Plan: 100% of 1 core + 50% of 2nd core
320G Plan: 100% of 2 cores
480G Plan: 100% of 3 cores
640G Plan: 100% of 4 cores
960G Plan: 100% of 6 cores
1280G Plan: 100% of 8 cores
3G/128M Promo plan: 10% of 1 core
5G/256M Promo plan: 14% of 1 core
5G/512M Promo plan: 17% of 1 core
30G/4G RAM Promo plan: 50% of 1 core
V3 10G/512M Promo plan: 17% of 1 core
V3 20G/1G Promo plan: 25% of 1 core
V3 40G/2G Promo plan: 50% of 1 core
V3 80G/4G Promo plan: 100% of 1 core
V3 160G/8G Promo plan: 100% of 1 core + 50% of 2nd core
V3 320G/16G Promo plan: 100% of 2 cores
V3 CN2GIA 10G/512M Promo plan: 50% of 1 core
V3 CN2GIA 20G/1G Promo plan: 100% of 1 core
V3 CN2GIA 40G/2G Promo plan: 100% of 1 core + 50% of 2nd core
V3 CN2GIA 80G/4G Promo plan: 100% of 2 cores
V3 CN2GIA 160G/8G Promo plan: 100% of 3 cores
V3 CN2GIA 320G/16G Promo plan: 100% of 4 cores
V5 CN2GIA 20G/1G Promo plan: 100% of 1 core
V5 CN2GIA 40G/2G Promo plan: 100% of 1 core + 50% of 2nd core
V5 CN2GIA 80G/4G Promo plan: 100% of 2 cores
V5 CN2GIA 160G/8G Promo plan: 100% of 3 cores
V5 CN2GIA 320G/16G Promo plan: 100% of 4 cores
V5 CN2GIA 640G/32G Promo plan: 100% of 6 cores
V5 CN2GIA 1280G/64G Promo plan: 100% of 8 cores
V5 HONG KONG 40G plan: 100% of 1 core
V5 HONG KONG 80G plan: 100% of 2 cores
V5 HONG KONG 160G plan: 100% of 3 cores
V5 HONG KONG 320G plan: 100% of 4 cores
BETA KVM Plan: 20% of 1 core
2018-11-11 CN2 Special V3 plan: 50% of 1 core
2018 Black Friday CN2 Special V3 plan: 25% of 1 core
2018 Black Friday CN2 GIA Special V3 plan: 25% of 1 core
2018 Cyber Monday Special V3 plan: 50% of 1 core
2018-12-12 CN2 DC8 Special V3 plan: 25% of 1 core
Limited edition plans: 30% of 1 core
When a 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., VPS will not be able to use more CPU cycles than shown above). A notice is also shown on the main screen of the KiwiVM control panel.
Once high CPU load is removed, the system will automatically lift this limitation from the service. No other limitations are imposed on CPU usage; it is allowed to use as much CPU as system can allocate; we will not suspend or limit service beyond what is stated above.
Acceptable Use Policy
First of all, we'd like to thank you for spending the time looking into our Terms of Services, we really appreciate the effort. Use coupon ireadtheterms8 when ordering services to get a small discount. However please be sure to read on.
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); only occasional/incidental transactional emails are allowed to be sent from our network
- DoS or other attacks (either outgoing or incoming)
- Hacking (including situations when a VPS was hacked)
- Distribution of malware/viruses - with or without knowledge
- Port scanning
- Cryptocurrency mining
- 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); Docker is allowed
- 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, crawling
- KiwiVM API abuse (making excessive, unjustified API calls)
- Using abusive language towards our employees, spamming our ticket queue with the same question or issue, threats of any kind
Should we find out that a service 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.
Repeat offences may incur $50 admin fee per incident as well as suspension of all services under the same account until this fee is paid.
DoS attacks originating from VPS OR sending out unsolicited e-mails may incur a $50 admin fee per incident as well as suspension of all services under the same account until this fee is paid.
After a few suspensions in same calendar year the VPS becomes permanently suspended until January 1st of the next year. Exact number of suspensions can vary between 3 and 100 depending on type of abuse incident. We use abuse scoring system and customer will be able to see the current score in their control panel.
We reserve the right to terminate services without providing a reason. In this case we will provide a refund for the unused service.
We are actively monitoring our IP space and we test each IP address before assigning it to a customer's VPS. We make sure each new VPS is delivered with a clean IP. We will not be able to issue a refund in case any IP(s) assigned to a VPS get blacklisted, until the IP is no longer on any blacklist(s).
Furthermore, getting an IP blacklisted will make it impossible to use Datacenter Migration feature in the KiwiVM control panel until the IP is no longer on any blacklist(s) for at least 7 consecutive days.
Cancellations and Refunds
Customer may cancel services at any time in the billing control panel.
Customer may request a full refund of all payments made to their account provided all of the following conditions are met:
1. Customer's account is in good standing and there have been no violations of entire Terms of Services
2. None of the payments have been previously or currently disputed or charged back
3. None of the IPs assigned to client's services are on any Black/Block list, and none of the IPs were previously replaced by us for free due to blacklisting
4. Monthly data transfer usage is under 10% of monthly quota
5. The number of services (active or cancelled) under the account is 3 or fewer
6. The sum of all payments made towards the account is $60 or less and the total number of payments is 10 or fewer
7. The account was created 30 or fewer days ago
8. Client had not used the right to Refund under a different account
When a refund is requested, we will perform the following:
1. We will provide full refund of all payments made towards the account starting from the moment account was created, with the exception of payments for IP address changes (if any)
2. All services under the account will be instantly terminated
3. All data, snapshots and backups will be instantly and irreversibly wiped
Refunds are issued to the original form of payment.
After the refund is processed, account may be used for future orders, however it will not be eligible for further refunds.
How to request a refund: https://bandwagonhost.com/knowledgebase/4/Refunds.html
Chargebacks and Paypal Disputes
Please do not create a Paypal dispute in order to get a refund, as this will only make the process longer and will create more work for both - customer and us.
Furthermore, initiating a chargeback or a Paypal dispute will result in an immediate suspension of all services under your name (and possibly any other associated accounts) until the dispute is resolved. In addition we reserve the right to bill you for the chargeback fees we incur plus time we spend on dealing with the dispute (time spent locating and suspending affected services, communicating with payment processors and/or banks and dealing with customer's tickets etc). We bill $40 per hour in 15-minute increments and services will not be resumed until the bill is paid.
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.
We do not allow transfers or sale of client accounts from one person or entity to another.
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 case of payment transaction inquiry by Payment processor in fraud related investigations we will share customer information with the payment processor used to place the original order. In no other case we share our customer's private information with third parties, unless we are required to do so by law. We really appreciate you reading this far. Use coupon ireallyreadtheterms8 when ordering services to get a small discount.
You may use URL shortening or URL masking techniques to hide the full affiliate link, however, your users must follow the link naturally and not as the result of confusing/misleading information.
Affiliate links must be followed naturally by visitors via a website. We may request to review websites where our links are used to make sure they comply with our policies; inability to verify source of visitors may result in refusal of your request to withdraw funds.
The following practices are strictly forbidden and will result in a permanent ban from our affiliate program:
- Cookie-stuffing (loading affiliate links by using an invisible image) and similar techniques
- Any activity that results in artificial increase of visitors to our affiliate links including, but not limited to click/pageview exchange services
- Mentioning our affiliate links in any type of unsolicited communication (be it email/forum posting/private messaging/instant messaging)
- Using affiliate links to order service for yourself or your family, or on behalf of someone else
- Offering cash back or any other monetary incentive to visit affiliate links
Violation of the Affiliate program rules will lead to inability to withdraw any funds. We reserve the right of final judgement on what constitutes a violation.
Commission withdrawals for amounts under $1000 are provided via Paypal. For amounts over $1000 we may either make a payout via paypal (based on funds availability), or via wire transfer.
Note that certain plans developed in collaboration with our partners do not qualify for affiliate commissions. Such plans can be recognized by partner name in the plan name (for example, "91yun 2017 special" plan etc).
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.