Terms of service (ToS)

ServerSP Terms of Service

This document constitutes the legal agreement between you (“Client”) and ServerSP (“ServerSP”), a provider of infrastructure as a service (IaaS), including virtual private servers (VPS), bare metal servers, and VPS reselling. By contracting any service, the Client fully agrees to the terms and conditions described below.

1. Acceptable Use and Prohibited Activities

It is strictly prohibited to use our services for any activity that violates applicable laws in Brazil, Canada, the United States, or any other relevant jurisdiction. This includes, but is not limited to:

  • Distribution of child pornography or sexual content;
  • Hosting or distribution of pirated software (nulled, cracked);
  • Executing DDoS attacks or participating in botnets;
  • IP spoofing, unauthorized port scanning, or any attempt to breach systems;
  • Sending spam, phishing, or other electronic fraud;
  • Cryptocurrency mining without express written authorization from ServerSP;
  • Use of malicious software, anonymous proxies, TOR relays, or any service that disguises user identity for malicious purposes;
  • Disclosure of confidential information without consent;
  • Infringement of copyright, trademark, or any other intellectual property rights.

The detection of such activities will result in immediate suspension or termination of the service, without prior notice, at ServerSP’s sole discretion.

2. Service Suspension and Cancellation

ServerSP reserves the right to suspend or cancel any service at any time, without prior notice, if it identifies conduct that violates these Terms of Service, applicable laws, or compromises the stability of the infrastructure or other clients.

The Client must keep all payments up to date. In case of a delay exceeding 5 (five) calendar days, the service will be automatically suspended. If the delay exceeds 10 (ten) calendar days, the service will be considered cancelled, and all data may be permanently deleted.

Cancellations must be requested at least 24 (twenty-four) hours before the next billing cycle renewal. Requests made after this period may not prevent the next invoice from being issued.

3. Refund Policy

ServerSP offers a full refund only for VPS services, provided the request is made within 15 (fifteen) calendar days of activation. No refunds are offered for bare metal servers, VPS reseller accounts, or any custom or specially configured services.

Refunds will not be granted in cases of misuse or violation of our policies.

In the event of a chargeback, payment dispute, or unauthorized reversal, services will be immediately suspended. To reactivate, the Client must pay the full disputed amount plus a US$ 75.00 administrative fee.

4. Limitation of Liability

ServerSP is not responsible for:

  • Data loss, indirect damages, lost profits, or any losses arising from the use or unavailability of services;
  • Third-party actions, third-party software failures, or client-side configurations;
  • Damages caused by electrical failures, natural disasters, operational issues, or cyberattacks;
  • Any projected earnings or lost income due to service interruptions.

The Client is solely responsible for maintaining data backups and securing and configuring their own environment.

5. Backups and Data Loss

ServerSP does not perform automatic backups, unless contracted as an additional service. The Client is solely responsible for creating and maintaining backup copies of their data. We are not liable for losses due to lack of backup.

6. SLA – Service Level Agreement

ServerSP guarantees 99.9% uptime per month for its network and power infrastructure. If this target is not met, the client may request credit based on the monthly uptime achieved, according to the table below:

Monthly Uptime Credit Percentage
99.8% to 99.0% 5%
98.9% to 95.0% 10%
94.9% to 90.0% 20%
Below 89.9% 30%

The uptime is calculated on a monthly basis, regardless of the billing cycle of the service. Credit requests must be submitted within 15 days of the observed downtime. Credits are added as account balance for use in the following month, upon approval.

To request a credit review, the client must open a financial support ticket through the Client Portal, including the primary domain and the observed downtime period. ServerSP will evaluate the request based on internal monitoring. Third-party monitoring tools are not accepted as proof.

The uptime calculation is based on internal systems and availability of core services such as power and network.

Note: This SLA applies only to network and power availability. It does not apply to issues related to:

  • Internet provider failures beyond ServerSP’s network;
  • Client-side application errors or excessive resource usage due to unoptimized code;
  • Scheduled maintenance windows, usually during low-traffic periods;
  • Emergency interventions for security or stability purposes;
  • Service interruptions due to law enforcement, legal orders, or violations of our Terms of Service;
  • Inadequate service plans selected by the client for their usage needs.

Dedicated servers are covered by this SLA for network and power uptime only, and not for system-level or application availability.

7. Cooperation with Authorities

ServerSP will cooperate with any legal request or court order. Customer data and information may be shared with competent authorities upon legal demand, without prior notice to the client.

8. IP Address Usage

All IP addresses assigned by ServerSP remain the property of the company and are granted on a temporary basis. ServerSP may revoke any IP assignment at any time due to technical or legal reasons, providing advance notice whenever possible. It is prohibited to use IPs for purposes that violate ARIN, RIPE, or any regulatory body’s policies.

9. Identity Verification

We reserve the right to request documentation to verify the identity and accuracy of the information provided during registration. ServerSP will not accept registrations with false, incomplete, or fraudulent data. If false data is detected after service activation, ServerSP may suspend or terminate the service, allowing a deadline for correction.

By registering and using ServerSP services, the client declares and affirms that they are at least 18 years of age. If the client is an entity, the person acting on its behalf must have the legal authority to do so.

10. Support Forwarding Prohibition

ServerSP provides support exclusively to the registered account holder. Clients who resell our services are responsible for providing support to their end customers. We do not offer support to third parties who are not the primary account holder or their authorized representatives.

11. Resource Usage

Fair Usage Policy (FUP) and Internet Access Rules

This policy applies to all customers using Bare Metal or VPS services hosted on our infrastructure. Its purpose is to ensure network stability, fair usage, and a high-quality experience for all users.

Fair Usage Policy – Network Bandwidth
We provide up to 1Gbps of unlimited bandwidth, but this connection is shared across multiple clients. Therefore, usage must be reasonable and must not negatively impact the performance of the network or other clients’ services.

If we identify that a client’s bandwidth usage is causing degradation or interference, we will contact the customer and request that they adjust their usage accordingly.

If the issue persists, we reserve the right to take one of the following actions:

  • Set a monthly traffic cap, or
  • Reduce the port speed.

The measure will be discussed with the client and applied based on what is most suitable for their specific use case.

Outbound Email Ports Blocked by Default
To protect the reputation of our IP addresses and reduce spam and abuse, outbound traffic on ports 25, 465, and 587 is blocked by default.

Clients who need to send emails directly from their server may request to have these ports unblocked by contacting our support team. The request must include the following information:

  • The intended use case for sending emails;
  • The estimated volume of emails;
  • The domain or application involved.

Each request will be evaluated individually and may be approved based on the purpose and associated risks.

VPN Usage Policy
The use of our infrastructure to operate public or anonymous VPN services is strictly prohibited, including open proxies, public tunneling endpoints, or Tor exit nodes.

These services may be used for malicious activities, hinder abuse tracking, and can severely harm the reputation of our network by triggering abuse reports, blacklists, or legal notices.

Private or internal VPNs are permitted, as long as they are used for legal and controlled purposes, such as remote access, secure internal communication, or interconnecting corporate environments.

12. Third-Party Software and Applications

ServerSP does not provide support for third-party scripts, plugins, or software installed by the client. The use of such software is entirely at the client’s own risk. ServerSP is not liable for failures or vulnerabilities arising from updates, bugs, or incompatibilities with third-party applications.

13. Force Majeure

ServerSP shall not be held liable for failure to perform obligations when such failure is caused by events beyond its reasonable control, including but not limited to war, terrorism, embargoes, natural disasters, major power outages, labor strikes, or governmental restrictions.

14. Terms Modifications

ServerSP may update these Terms of Service at any time. Changes will become effective upon publication on the official website. Continued use of the services implies acceptance of the updated terms.

15. Jurisdiction and Governing Law

This contract is governed exclusively by the laws of the Province of New Brunswick, Canada, where ServerSP is headquartered. Any disputes shall be resolved solely in the competent courts located in the city of Moncton.

By using ServerSP services, the client expressly waives the application of laws from their own jurisdiction and agrees that only the laws of Canada (specifically the Province of New Brunswick) and, when applicable, the United States (regarding infrastructure location) shall govern this agreement and the use of ServerSP services.

Additionally, since our infrastructure is hosted in the United States, clients must comply with all applicable local, state, and federal laws of the United States. Any claim or cause of action related to this agreement must be filed within ninety (90) days after such claim arises or it shall be permanently barred.

For legal inquiries or notices, contact: [email protected]

To report abuse or misuse of services, contact our compliance team at: [email protected]