Dedicated Server Usage Agreement

DEDICATED SERVER – USAGE AGREEMENT

Last Updated May 3, 2022

PLEASE READ THIS AGREEMENT CAREFULLY AS IT IS LEGALLY BINDING TOWARDS YOUR USE OF A DEDICATED SERVER (“DEDICATED SERVER”) FROM VOXVM.  THIS AGREEMENT SUPPLEMENTS OUR TERMS OF SERVICE AND ACCEPTABLE USE POLICY. THIS AGREEMENT SHALL SUPERCEDE ANY POSSIBLY CONTRADICTING STATEMENTS IN THE TERMS OF SERVICE AND/OR ACCEPTABLE USE POLICY.

  1. Agreement Supplement

1.1.    This Dedicated Server Usage Agreement shall supplement the Terms of Service and Acceptable Use Policy set forth by VoxVM.

1.2.   The Terms of Service are located at /terms or at another location that VoxVM chooses to publish the terms at.

1.3.   The Acceptable Use Policy is located at /aup or at another location that VoxVM chooses to publish the AUP at.

  1. Identity Verification and Fraud Prevention

2.1.   You agree to provide VoxVM your true identity, if requested, to VoxVM for the purpose of fraud prevention.

2.1.1. Failure to provide a valid identity upon request and within a reasonable time frame as determined by VoxVM, is reason for service termination without refund.

2.2.   VoxVM may, at its sole discretion, opt to request identity after a VPS is provisioned and your identity has not previously been verified.

2.3.  Prior to or shortly after service activation, you may be screened against one or more third-party fraud prevention services: Fraud Labs Pro and FraudRecord.

2.4.  If you have any spam report within the last five (5) years, we will not lease you a dedicated server under any circumstances. If you have paid, you will be refunded in accordance to our refund policy.

2.5.  We reserve the right to continually monitor FraudRecord for abusive activities, Terms of Service violations, Acceptable Use Policy Violations, or other unlawful or harmful activities reported by other hosting providers. Your actions on other providers can determine whether you continue to receive service from VoxVM.

2.6.  If you commit any TOS, AUP, unlawful, abusive, or harmful activities using our services, we reserve the right to submit your information to our fraud prevention partners, terminate your service effective immediately, and prohibit you from using our services. Please review our Privacy Policy for details on the information we share and how we share it.

  1. Prohibited Use

3.1.   All sections of our Acceptable Use Policy are in effect on our Dedicated Server service. Please review our AUP for a comprehensive list of prohibited activities.

3.2.  WE CONTINUALLY MONITOR OUR IP NETWORKS FOR ABUSIVE ACTIVITIES. IF WE DETECT ABUSE, AND WE HAVE EVIDENCE THAT YOUR ACTIVITIES WERE INTENTIONAL, YOUR SERVICE WILL BE TERMINATED WITHOUT NOTICE AND WITHOUT REFUND.

  1. Refunds & Money Back Guarantee

4.1.   This service is NON-REFUNDABLE and does NOT have any money-back guarantee.

  1. Service Provisioning and Considerations

5.1.  Your service will be provisioned as how it was presented on the order form, including data center location.

5.1.1.  If you need to modify your order after you submit it, you need to contact us as soon as possible for an adjustment. Once a server is provisioned, there are NO REFUNDS. 

5.2.  Services are non-transferable between data centers. If you wish to move to another data center, you will need to submit a new order. We will gladly assist you with transferring your data.

5.3.  Most services are capable of being upgraded. Please contact Sales to see if it is possible to upgrade your service. Not all upgrades are possible.

5.4.  Your service will be provisioned 1 IPv4 address. If you need additional IPv4 addresses, you will be required to provide justification.

5.5.  We will announce your own IP addresses over our network free of charge. Please provide a LOA with your request and allow additional time for the request to be processed.

  1. Technical Support

6.1.   These servers are provided to you unmanaged unless you purchase a server management addon service. The Server Management addon service will cover general server administration tasks: installing & updating system software; installing, updating, and managing most third-party software; providing technical assistance and maintenance with server hardware, networking, and operating system; Server Management does not include any coding assistance.

6.2.  You are responsible for the administration, security, installation of software, etc. on these servers.

6.3.  VoxVM will only provide “best-effort” technical support for administration. We will NOT provide any coding assistance of any kind.

6.4.  Server administration tickets may be opened by requesting priority assistance and paying the priority fee. You are permitted one issue per priority ticket.

  1. Service Management

7.1.   You will manage the service either remotely (through SSH or RDP). You are given access to out-of-band (OOB) management through the dedicated server management portal.

7.2.  OOB management is not for the daily administration of your service. It is restricted in both terms of access as well as bandwidth. You are permitted 12 hours of access, which you can renew, from a single IPv4 or IPv6 address.

7.3.  We will supply you with management functions in the Dedicated Server Management Portal that will allow you to manage your Dedicated Server as if it were located in front of you. You have the ability to connect or disconnect the network, as well as control the power of your service. You are made aware that these functions are for extreme cases only and repeatedly using these functions to reboot or disconnect your server may result in hardware damage. You will be responsible for any costs for replacing failed hardware due to improper use.

7.4.  You are permitted to load any supported operating system you wish, either from our templates, or by loading your own ISO. Please consider that not every operating system is guaranteed to work with our server hardware or data center environment.

7.4.1.     Proxmox VE is not guaranteed to work with the majority of our server hardware.

7.4.2.     If you load Windows Server from our templates, you will automatically be charged the current price for a Windows Server license. If you wish to use a trial license or bring your own license, you can load your own Windows ISO from the OOB management environment.

7.5.  At times, it may be necessary to perform maintenance that may affect your service. We will provide advance notification, when possible, of any maintenance that will potentially affect your service.

  1. Agreement Modification

8.1.   VoxVM reserves the right to amend, change, remove, or delete this agreement, in whole or part, with or without notice at any time. You are responsible for reviewing this agreement to ensure compliance.