1. General Provisions
1.1. These VPSPay Terms of Use and Service Provision (hereinafter referred to as the “Terms”) govern the procedure for the provision of virtual servers (VPS/VDS), related services, and other services rendered by VPSPay (hereinafter referred to as the “Operator”) to the service user (hereinafter referred to as the “Client”).
1.2. By placing an order, paying for a service, activating a server, using the control panel, API, Telegram bot, website, or any other VPSPay services, the Client confirms that:
• they have read these Terms;
• they understand their contents;
• they accept them in full, without reservations or exceptions;
• they undertake to comply with applicable law and these Terms.
1.3. These Terms are public rules for the use of VPSPay services and are binding on all Clients regardless of the method used to order the services.
1.4. If separate service terms, tariffs, special offers, or supplementary agreements provide for different rules, such rules shall apply to the extent that they do not contradict these Terms.
1.5. The Operator has the right to amend these Terms at any time. The current version shall be published on the official VPSPay resources and shall enter into force from the moment of publication, unless otherwise expressly stated in the new version.
2. Terms and Definitions
2.1. Service – the provision to the Client of computing, network, storage, and other resources in the form of a virtual server (VPS/VDS), as well as related functions and services.
2.2. Server – a virtual server allocated to the Client under the paid tariff.
2.3. Client – an individual, sole proprietor, self-employed person, or legal entity that has ordered or uses VPSPay services.
2.4. Operator – VPSPay, providing hosting services and related services.
2.5. Abuse complaint – a complaint, claim, or notice from a provider, data center, copyright holder, public authority, third party, or automated monitoring system regarding a possible violation of rules, law, or network policy.
2.6. Fair-Use Policy – a policy of fair use of resources aimed at preventing excessive load on the infrastructure and ensuring stable operation of the node.
2.7. Metered traffic – a service under which the volume of network traffic is accounted for separately in accordance with the terms of the selected tariff.
3. Subject of the Agreement
3.1. The Operator provides the Client with virtual server rental services and other related services in accordance with the selected tariff, technical parameters, rental period, and these Terms.
3.2. The specific characteristics of the service, including the amount of resources, cost, network parameters, location, available functions, payment rules, and validity period, are determined by the tariff selected by the Client or by an individual offer of the Operator.
3.3. The Operator provides services on an “as is” and “as available” basis, that is, in their existing form and within the actual availability of the technical infrastructure, unless otherwise expressly agreed separately.
3.4. The Operator is not the owner of the Client’s data, does not carry out prior monitoring of the server content on a permanent basis, and shall not be liable for the information, software, or actions of the Client hosted on or carried out through the provided server.
4. Ordering, Activation, and Rental Period
4.1. The Service shall be provided within 24 hours after the order is placed and payment is received, unless otherwise provided by separate terms.
4.2. The standard rental period for the Service is 30 (thirty) calendar days, unless a different period is established by the tariff, an individual offer, or the agreement of the parties.
4.3. At the end of the paid period, the Service may be renewed by the Client by making the next payment.
4.4. In the event of non-receipt of payment within the established period, the Operator has the right to suspend the provision of the Service, restrict access to the server, delete data, or terminate the provision of the Service without additional approval, unless otherwise provided for by the Operator’s internal policy or a specific tariff.
4.5. The Client is solely responsible for the timely renewal of the Service, backup of data, and safekeeping of information.
5. Rights and Obligations of the Client
5.1. The Client undertakes to:
• use the services exclusively for lawful purposes;
• not violate the rights and legitimate interests of third parties;
• comply with these Terms, technical limitations, and the Operator’s requirements;
• ensure the security of their account credentials, passwords, API keys, and other means of access;
• respond promptly to the Operator’s notices, including notices of violations, abuse complaints, and technical incidents;
• independently ensure the relevance of software, the security of the server configuration, and protection against unauthorized access;
• not use the services in a manner that creates a threat to the infrastructure, network, equipment, reputation of the Operator, providers, data centers, or other third parties.
5.2. The Client has the right to:
• use the server within the limits of the paid tariff and in accordance with these Terms;
• contact technical support regarding the availability and basic operability of the Service;
• receive information about the parameters of the Service and its status.
6. Rights and Obligations of the Operator
6.1. The Operator has the right to:
• suspend, restrict, or terminate the provision of the Service in cases provided for by these Terms;
• apply technical and organizational measures to protect the infrastructure and prevent violations;
• delete, block, or restrict access to data, services, IP addresses, and other resources if necessary to prevent violations, eliminate threats, or comply with the requirements of the provider, data center, law, or these Terms;
• request explanations from the Client regarding facts of violations;
• refuse further provision of services to the Client without explanation if there have previously been violations, abuse incidents, risks to the infrastructure, or to the Operator’s business reputation.
6.2. The Operator undertakes to:
• provide paid services in the volume corresponding to the selected tariff, subject to technical feasibility;
• maintain the operability of the infrastructure within reasonable limits;
• review Client requests within the capabilities of the support service and internal regulations;
• take reasonable measures to protect the infrastructure and minimize failures.
7. Prohibited Use of Services
The Client is prohibited from using VPSPay services for the following purposes and from assisting third parties in carrying out such actions:
7.1. Pornographic and Sexually Explicit Content
To place, store, distribute, transmit, or advertise pornographic materials, as well as publish links to resources containing pornographic or sexually explicit content.
7.2. Illegal Content and Infringement of Rights
To place, use, distribute, or provide access to software, data, or materials prohibited by the laws of Ukraine, the member states of the European Union, applicable international standards, or infringing copyright, related rights, patent, trademark, or other rights of third parties.
7.3. Phishing, Malicious Activity, and Fraud
To use servers for the placement, launch, management, or distribution of software, infrastructure, or content related to:
• phishing;
• grabbing;
• botnets;
• malicious software;
• trojans, viruses, ransomware;
• fraud;
• spoofing of identification data;
• theft of credentials;
• other unlawful activities on the Internet.
7.4. Spam and Unauthorized Mass Messaging
To carry out mass messaging by email, messengers, feedback forms, social networks, or any other communication channels if such messages:
• constitute spam;
• were not expressly requested by the recipients;
• do not contain accurate information about the sender;
• violate applicable law or the rules of communication operators/platforms.
7.5. Attacks, Scanning, and Unauthorized Access
To place, launch, or use:
• network scanners;
• password-cracking tools;
• vulnerability exploitation tools;
• software for unauthorized access;
• means of conducting DDoS attacks;
• other tools and services aimed at violating the availability, integrity, or confidentiality of systems and data.
7.6. Excessive Resource Consumption
To carry out prolonged and excessive use of processor resources and/or network bandwidth that disrupts the stable operation of the node, including under the Fair-Use Policy.
Excessive use includes, in particular:
• constant CPU load above 80%;
• network bandwidth load above 50 Mbit/s for more than 20 minutes consecutively.
* Exception: for services with metered traffic, the network bandwidth limitation specified in this clause shall not apply, even in the case of prolonged and excessive network load, unless otherwise required for the protection of the infrastructure.
7.7. Use of VPN
The installation and use of VPN services is permitted exclusively for the Client’s personal use.
It is prohibited to use VPS for:
• providing VPN services to third parties;
• reselling VPN access;
• operating a public VPN service;
• commercial use of VPN without separate approval from the Operator.
* A separate service under special conditions and at a separate price may be provided for public VPN services.
* Exception: for services with metered traffic, the restrictions specified in this clause shall not apply unless otherwise separately established by the Operator.
8. Abuse Complaints, Blocking, and Incident Response
8.1. In the event of an abuse complaint, notice from a provider, data center, copyright holder, public authority, or other authorized person, the Operator has the right, without prior notice, to:
• temporarily suspend the provision of the Service;
• restrict access to the server, individual ports, services, or IP addresses;
• block the server or IP address;
• delete the Service without refund;
• request explanations from the Client or confirmation of the lawfulness of the use of the Service.
8.2. If the Client’s actions have led or may lead to:
• blocking of IP addresses by the provider or data center;
• inclusion of IP addresses or ASN in blacklists;
• deterioration of network reputation;
• damage to the infrastructure;
• restriction of other clients’ operation;
the Operator has the right to immediately take any technical and organizational measures necessary to protect its infrastructure and partners.
8.3. The Operator independently determines the sufficiency of grounds for temporary restriction or termination of the Service in the event of a threat to the network, equipment, business reputation, or if there are signs of violation of these Terms.
9. Liability of the Parties
9.1. Client’s Liability
The Client bears full responsibility for:
• all actions performed using the provided server;
• all content placed, transmitted, processed, and stored;
• the legality of software, data, and services placed on the server;
• damage caused to the Operator, providers, data center, third parties, or infrastructure as a result of the Client’s actions or omissions.
9.2. Compensation for Damages
The Client undertakes to compensate the Operator for the damage caused, including but not limited to:
• costs of processing abuse complaints;
• costs of unblocking IP addresses;
• costs of restoring network reputation;
• fines and sanctions imposed by the provider, data center, or partners;
• costs of technical localization of the incident, filtering, recovery, and related actions.
9.3. Limitation of the Operator’s Liability
The Operator shall not be liable for:
• actions or omissions of the Client;
• loss of data, profit, income, customers, reputation, or other indirect damages;
• consequences of hacking, infection, or compromise of the server if they occurred for reasons dependent on the Client;
• service interruptions caused by the actions of the provider, data center, communication channels, external attacks, accidents, force majeure, or other circumstances beyond the reasonable control of the Operator;
• compatibility of the Client’s software with the Service unless otherwise separately guaranteed.
9.4. No Liability for Content
The Operator is not responsible for the content of websites, applications, databases, files, VPNs, panels, APIs, and other Client resources hosted on the server.
10. Suspension, Deletion, and Refusal of Service
10.1. The Operator has the right, without prior notice, to suspend the provision of the Service, restrict access to resources, block the server, IP address, or delete the Service in the event of:
• violation of these Terms;
• receipt of abuse complaints;
• creation of a threat to the infrastructure;
• violation of the law;
• overdue payment;
• provision of false information when placing an order;
• other circumstances in which further provision of the Service is impossible or undesirable from the standpoint of security, legality, or protection of the Operator’s reputation.
10.2. In the event of deletion of the Service on grounds related to the Client’s violation of these Terms, funds are non-refundable.
10.3. The Operator also has the right to refuse further provision of services to the Client, including repeat registration, a new order, extension, or activation of additional resources.
11. Payment and Refunds
11.1. The cost of services is determined by the selected tariff, the Operator’s offer, or individual terms.
11.2. Services are provided on a prepaid basis unless otherwise agreed separately.
11.3. Unless otherwise provided by a separate offer, promotion, or refund policy, paid services are considered reserved and provided in digital format. Refunds are allowed solely at the Operator’s discretion or in the event of complete server unavailability caused by the Operator and lasting for more than 24 consecutive hours.
11.4. In the event of blocking, suspension, or deletion of the Service as a result of the Client’s violation of these Terms, no refund shall be made.
11.5. Fees of payment systems, banks, processing services, and other related charges may be deducted from the refund amount if a refund is permitted.
12. Backup and Data
12.1. The Client is solely responsible for creating backups and preserving all data hosted on the server.
12.2. Unless a separate backup service has been paid for or expressly requested, the Operator is not obliged to store backups of the Client’s data.
12.3. Upon termination of the Service, deletion of the server, blocking, or expiration of the storage period, the Operator has the right to delete the Client’s data without the possibility of recovery.
13. Technical Support
13.1. Technical support is provided to the extent and in the manner determined by the Operator’s internal regulations.
13.2. Support includes matters related to service availability, basic network connectivity, dedicated server parameters, and other matters within the Operator’s area of responsibility.
13.3. The Operator is not obliged to:
• administer the Client’s server;
• install or configure third-party software;
• correct errors in code, scripts, CMS, bots, VPN configurations, or other user solutions;
• restore the Client’s data unless separately ordered.
14. Confidentiality and Data Processing
14.1. The Operator has the right to process the data provided by the Client to the extent necessary for registration, service provision, settlements, communication with the Client, compliance with legal requirements, prevention of abuse, and protection of the infrastructure.
14.2. The Operator has the right to record technical data, access logs, network events, metadata, information on resource usage, and other information necessary to ensure security, diagnostics, and performance of obligations.
14.3. The Operator does not disclose the Client’s data to third parties except in cases:
• where it is necessary for the provision of the Service;
• upon request of authorized authorities;
• in connection with the processing of abuse complaints;
• for the protection of the legitimate interests of the Operator, provider, data center, or third parties.
15. Force Majeure
15.1. The parties shall be released from liability for full or partial non-performance of obligations if such non-performance is caused by circumstances of force majeure which the parties could not foresee or prevent by reasonable measures.
15.2. Such circumstances include, in particular: natural disasters, military actions, accidents, power outages, actions of state authorities, mass network attacks, failures at providers and data centers, disruptions of backbone communication networks, and other extraordinary circumstances.
16. Governing Law and Dispute Resolution
16.1. These Terms shall be governed by the law of the country of registration of the Operator unless otherwise provided by mandatory rules of applicable law.
16.2. All disputes and disagreements shall be resolved by the parties through negotiations and correspondence.
17. Final Provisions
17.1. If any provision of these Terms is declared invalid, this shall not affect the validity of the remaining provisions.
17.2. The Operator’s failure to act in the event of the Client’s violation of these Terms does not mean that the Operator waives the right to refer to such violation in the future.
17.3. These Terms constitute the entire agreement between the Operator and the Client regarding the use of VPSPay services unless otherwise expressly agreed in written or electronic form.
17.4. The Client confirms that they understand the technical nature of the services provided and accept the risks associated with the use of remote server infrastructure, the Internet, and software.