Introduction & Acceptance
This Terms of Service (“Terms”) is a legal agreement between ChartVPS (“ChartVPS,” “we,” “us,” or “our”) and you, the user or customer (“you” or “your”). By signing up for or using any ChartVPS service, you agree to abide by these Terms and all applicable laws. This agreement becomes active when you register for a ChartVPS service and remains in effect until your account is terminated. ChartVPS provides various VPS hosting and related services (including Standard VPS, Personal VPS, Scalper VPS, Daytrader VPS, Professional VPS, Institutional VPS, Quant VPS, and Dedicated server plans – collectively, the “Services”). If you do not agree with these Terms, you should not use the Services.
Privacy & Data Protection
Your privacy is important to us. ChartVPS handles personal information in compliance with applicable data protection laws, including the European Union’s General Data Protection Regulation (GDPR) and the California Consumer Privacy Act (CCPA). We only collect, use, and disclose your personal data as described in our Privacy Policy. We do not sell or share your personal data with third parties, except as necessary to provide the Services or as required by law. If you are a resident of a region with specific privacy rights, you can exercise those rights (such as access or deletion) in accordance with applicable law. By using our Services, you acknowledge that you have read our Privacy Policy and consent to our data practices.
Acceptable Use Policy
- Lawful Purposes: You agree to use ChartVPS Services only for lawful purposes. You must comply with all local, state/provincial, federal, and international laws and regulations.
- Prohibited Content: It is strictly prohibited to transmit, distribute, store, or otherwise make available any information or material that infringes upon intellectual property rights, is fraudulent, defamatory, obscene, or otherwise illegal. ChartVPS reserves the right to remove offending content and suspend or terminate accounts at its discretion.
- Pornographic/Adult Material: Storing or distributing adult content (including pornography) on ChartVPS servers is not allowed. Accounts found hosting such content may be terminated.
- Unsolicited Messaging (Spam): Bulk, unsolicited emails or other mass communications (spam) are expressly forbidden. See our Email & Anti-Spam Policy for strict penalties.
- Torrents/Pirated Content: Storing or distributing torrent files or pirated content is prohibited. Violations may lead to termination.
- Network Abuse & Security Violations: Any attempt to compromise the security or functionality of ChartVPS networks or other networks is forbidden. This includes unauthorized access, hacking attempts, password cracking, DDOS attacks, and similar activities.
You are responsible for maintaining the security of your account, including keeping your passwords confidential. ChartVPS will not be liable for any loss or damage resulting from your failure to secure your account.
Email & Anti-Spam Policy
ChartVPS enforces a zero-tolerance policy for spam. Unsolicited commercial messages or any form of spam sent from our servers will lead to immediate action:
- First Offense: Your email capabilities will be disabled for 72 hours.
- Second Offense: Your entire server or domain will be disabled for 72 hours, and you will be fined $200 per spam message sent.
- Third Offense: Your account will be terminated, and you will be fined $500 per spam message sent. No refunds will be issued if your account is terminated for spam.
We may require you to certify that you will refrain from further spam activity before reinstating services. Repeated spam violations may also lead to legal action.
IP Address Ownership
Any IP addresses assigned to you by ChartVPS remain the property of ChartVPS. We grant you a revocable, non-transferable right to use these IP addresses while you are an active customer. We may change or remove IP addresses if needed, and we will attempt to provide notice when possible.
Termination & Cancellation
- By ChartVPS: We reserve the right to suspend or terminate your Services at any time. In cases of serious Terms violations, we may terminate immediately without refund. If we cancel your account without cause, you may receive a prorated refund of any prepaid fees.
- By You: You may cancel your subscription at any time through your account portal or by contacting support. Prepaid fees are nonrefundable. Upon cancellation, services remain active until the prepaid term expires.
- Plan Changes: You may upgrade or downgrade your plan anytime. If you switch plans mid-term, any unused portion of your prepaid subscription will be applied as a credit toward the new plan.
- Auto-Renewals: To ensure uninterrupted service, subscriptions will auto-renew by default. You may disable this in your account settings or by contacting us before the next billing date.
Billing & Payment Policy
ChartVPS services operate on a prepaid basis. You must pay all fees in advance of each service term. We may adjust our pricing for future terms; however, you will not see a price change mid-term after you have prepaid. If payment is not received within seven days of the due date, your service may be suspended. You are responsible for keeping your billing information up-to-date. If a payment is returned or rejected for any reason, we will charge a $50 fee per returned payment. Chargebacks or repeated payment issues may result in account termination.
Disclaimer of Warranties
ChartVPS provides the Services on an “as is” and “as available” basis without any warranties, express or implied. We do not guarantee that our Services will meet your specific needs or be free of errors or interruptions. You acknowledge that there are inherent risks in internet-based hosting, and you use the Services at your own risk. ChartVPS does not make any guarantees regarding data security, data backups, or financial gains from using our Services.
Limitation of Liability
Under no circumstances will ChartVPS, its officers, employees, or affiliates be liable for any indirect, incidental, special, or consequential damages arising from or related to your use of the Services. This includes any loss of profits, data, or business. ChartVPS’s total cumulative liability for any claim related to the Services is limited to the amount you paid in the twelve months preceding the event giving rise to the claim. Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of these limitations may not apply to you.
Indemnification
You agree to defend, indemnify, and hold harmless ChartVPS and its affiliates from and against any third-party claims, liabilities, damages, costs, or expenses (including reasonable attorneys’ fees) arising out of or relating to:
- Your use or misuse of the Services
- Any content or data transmitted through your account
- Your breach of these Terms or violation of law
- Any products or services sold or distributed through your use of the Services
This indemnity obligation survives the termination or expiration of these Terms.
Governing Law & Dispute Resolution
This agreement will be governed by the laws of Ontario, Canada, without regard to its conflict of laws principles. All disputes arising out of or relating to this agreement shall be resolved exclusively in the courts of Ontario, Canada, and you consent to personal jurisdiction and venue in those courts. You waive all objections to venue in Ontario. If you reside outside Canada, you acknowledge that you are voluntarily using a Canadian service and agree to submit to Canadian jurisdiction.
Changes to These Terms
ChartVPS reserves the right to modify or update these Terms at any time. We will post changes on our website with a new effective date. Continued use of the Services after an update constitutes your acceptance of the revised Terms. If you do not agree to the changes, you should discontinue use of the Services and cancel your subscription.
Contact & Support
If you have questions about these Terms or need assistance, please reach out to us through our Contact Page or live chat on our website. We appreciate your business and aim to provide reliable service in accordance with these Terms.
