TERMS OF SERVICE (TOS)
By ordering, accessing or using any ServerSP service, the CLIENT agrees to these Terms of Service.
1. SERVICES
ServerSP provides infrastructure services including VPS, Cloud VPS, Virtual Data Center, VPS Reseller, Bare Metal Servers, IP addresses and network connectivity.
Unless expressly advertised as dedicated, VPS processing, storage I/O and network resources may be shared with other virtual environments.
The CLIENT is responsible for the installation, configuration, security, licensing and management of its operating systems, applications and data, unless a managed service has been specifically contracted.
2. BILLING, SUSPENSION AND CANCELLATION
Services are billed according to the billing cycle selected by the CLIENT.
Invoices overdue for more than 5 (five) calendar days may result in service suspension. After 10 (ten) calendar days, the service may be terminated and all associated data may be permanently deleted.
Services may also be suspended or terminated in cases of abuse, fraud, violation of these Terms or material risk to ServerSP infrastructure or network reputation.
3. ACCEPTABLE USE POLICY
The CLIENT may not use ServerSP services for illegal, fraudulent, abusive or malicious activities.
Prohibited activities include, but are not limited to:
The CLIENT is responsible for all activity originating from its services, including activity caused by compromised systems, exposed credentials, malware, customers or authorized users.
4. FAIR USAGE POLICY – CPU AND NETWORK
Shared CPU. VPS plans that are not expressly sold with dedicated CPU use shared physical processing resources.
Temporary CPU bursts of up to 100% are allowed and do not constitute abuse. However, continuous or recurring high CPU utilization may be considered excessive when the service effectively consumes shared processing resources as if they were dedicated or negatively impacts the physical host or other virtual environments.
When excessive CPU usage is identified, ServerSP may request workload optimization or migration to a higher-performance, dedicated CPU or Bare Metal service. Technical limitations may be temporarily applied when necessary to protect shared infrastructure.
Shared Network. Unless expressly contracted as dedicated or committed bandwidth, network connectivity is shared and subject to Fair Usage Policy.
An advertised port speed such as 1 Gbps or 10 Gbps represents the maximum technical interface speed available for normal use and temporary traffic bursts. It does not represent dedicated bandwidth or the right to continuously consume a significant portion of that capacity.
“Unlimited traffic” means there is no fixed monthly transfer quota or automatic charge based solely on the amount of data transferred. It does not mean unlimited dedicated bandwidth.
CDN, streaming, private VPN, proxy, file distribution, download services and similar applications are permitted when their usage remains compatible with the shared nature of the service. Significant, continuous or recurring traffic that effectively turns the service into a high-volume content distribution platform or substitute for dedicated IP transit may be considered outside the Fair Usage Policy.
ServerSP may consider average traffic, duration, recurrence, P95, transferred volume, PPS, connection count and infrastructure impact when evaluating Fair Usage. No single metric automatically constitutes a violation.
If usage remains outside the Fair Usage Policy after notification, ServerSP may temporarily limit bandwidth or request migration to a service appropriate for the workload.
5. EMAIL, IP REPUTATION AND BLACKLISTS
Outbound SMTP ports 25, 465 and 587 may be blocked by default and may require prior approval from ServerSP.
The CLIENT is responsible for maintaining the reputation of IP addresses assigned to its services and must take reasonable measures to prevent spam, malware, open proxies and other activities that may cause an IP address to be listed on a blacklist, RBL, DNSBL or similar reputation service.
If an IP address is listed as a result of activity originating from the CLIENT's service, the CLIENT must promptly identify and stop the cause, secure the affected environment and take the necessary steps to request removal of the listing.
ServerSP may notify the CLIENT and establish a reasonable period for remediation.
A blacklist listing alone does not automatically result in termination. However, refusal to cooperate, failure to correct the cause, failure to take reasonable delisting actions or repeated incidents that damage ServerSP network reputation may result in port restrictions, IP suspension or replacement, null route, service suspension or termination for cause without refund.
The CLIENT will not be held responsible for blacklist listings confirmed to have existed before the IP address was assigned to the CLIENT.
6. REFUND POLICY
Eligible VPS services may receive a full refund when requested within 15 (fifteen) calendar days from activation.
Refunds are not available for Bare Metal Servers, reseller services, custom configurations or services suspended or terminated due to abuse, fraud or violation of these Terms.
Chargebacks or unauthorized payment disputes may result in immediate service suspension. Reactivation may require payment of the disputed amount and applicable administrative fees.
7. SERVICE LEVEL AGREEMENT – SLA
ServerSP provides a monthly network and power availability target of 99.9%.
Eligible SLA credits are:
SLA requests must be submitted through the Client Portal within 15 (fifteen) days of the incident.
The SLA does not apply to scheduled maintenance, CLIENT-side configuration or software issues, attacks, abuse, third-party failures outside ServerSP's control, excessive resource usage or workloads incompatible with the contracted service.
8. BACKUPS, SECURITY, SUPPORT AND LIABILITY
The CLIENT is responsible for maintaining independent backups of all data unless a backup service has been specifically contracted.
The CLIENT is responsible for operating system security, software updates, passwords, firewalls, applications and access control.
ServerSP standard support covers the infrastructure provided by ServerSP and does not include management or troubleshooting of CLIENT applications, scripts or third-party software unless separately contracted.
ServerSP is not responsible for loss of data, lost profits, lost revenue, indirect damages or failures caused by CLIENT configuration, third-party software, attacks, external providers or failure to maintain adequate backups.
9. IDENTITY AND LEGAL REQUESTS
ServerSP may request identification documents or additional information to verify the CLIENT, payment authorization or account information.
False, fraudulent or misleading registration information may result in account restriction, suspension or termination.
ServerSP will cooperate with valid court orders, subpoenas and lawful requests from competent authorities and may provide account information, allocated IP addresses and technical records when legally required.
10. MODIFICATIONS AND GOVERNING LAW
ServerSP may update these Terms to reflect legal, technical, security, operational or commercial changes. Updated Terms will be published on the ServerSP website.
Continued use or renewal of the services after the effective date of an update constitutes acceptance of the updated Terms, subject to applicable law.
These Terms shall be governed by the laws applicable to ServerSP as stated in its corporate and contractual records. Infrastructure physically located in the United States is also subject to applicable United States federal, state and local laws.