Terms of Service

In short – don’t do anything illegal and be respectful – but here is a more detailed documentation of our Terms of Service & Acceptable Use Policy. If you have any questions, feel free to contact us.

Acceptable Use

In short… if it’s illegal in the United States (where our servers are located) – then don’t do it!

This Acceptable Use Policy (“AUP”) governs your use of the Services and is incorporated by reference into our Terms of Service. Unless otherwise stated, defined terms in this AUP have the meanings provided to them in the Terms of Service. We may modify this AUP at any time without notice.

You shall use the Services only for lawful purposes. Transmission, storage, or display of any information, data, or material in violation of applicable laws or regulations, including without limitation the laws of the Commonwealth of Massachusetts, is prohibited. We reserve the right to terminate the Services for any Customer that exposes the Company to legal liability or threatens its ability to provide services to other customers. You agree to indemnify and hold the Company harmless from any claims resulting from your use of the Services.

Prohibited Uses

You may not use the Services to publish content or engage in activity that is harmful to others or illegal under applicable law. Any content that, in our judgment, violates our Terms of Service, including this AUP, in any manner may be removed from our servers (or otherwise disabled), with or without notice. Examples of prohibited content and activities can be found in this section.

Zero Tolerance Spam Policy

We maintain a zero tolerance policy for use of our network or services to send unsolicited bulk or commercial e-mail, or the sending, assisting, or commissioning the transmission of commercial e-mail that does not comply with the U.S. CAN-SPAM Act of 2003 (“SPAM”). Please review this section to avoid action under our AUP.

Defamation and Objectionable Content

We respect that the Internet provides a forum for free and open discussion and dissemination of information. Accordingly, we generally do not screen, monitor or control customer content. However, if we are made aware of content that violates the law or this AUP, we will consider the matter and take appropriate action as determined in our sole discretion balancing the merits of the complaint with the right to freedom of expression.

Enforcement

We may suspend your Services with or without notice upon any violation of this AUP. This section describes how we may enforce this AUP.

Reporting AUP Violations

If you feel you have discovered a violation of our AUP, please review this section to learn about our reporting procedures.

1. Prohibited Uses:

No Illegal or Harmful Use – You may not use the Services to publish content or engage in activity that is harmful to others or illegal under applicable law, including without limitation in connection with any of the following illegal, harmful or fraudulent activities:
Disclosing private sensitive personal information about others;
Distributing malware or other malicious code;
Engaging in the unlawful distribution of controlled substances and drug contraband;
Engaging in the unlawful distribution of prescription medications, including, but not limited to, promotion, marketing, or sale of prescription medications without a valid prescription;
Gambling;
Hosting child pornography or content that is potentially harmful to minors (Any website found to be hosting child pornography or linking to child pornography will be suspended immediately without notice and reported to law enforcement or the National Center for Missing and Exploited Children (NMEC);
Hosting FOREX, E-Gold Exchange, Traffic Exchange, Bitcoin Mining Related Applications, Torrents/Warez, Second Life/Linden Exchange, Ponzi, MLM/Pyramid Scheme, High-Yield Interest Programs (HYIP) or related sites;
Hosting or linking to a website intended to deceive the public including, but not limited to sites listed at aa419.org & escrow-fraud.com;
Hosting or linking to an anonymous proxy server;
Infringing upon the Intellectual Property Rights of Others. This includes, but is not limited to, the unauthorized copying or distribution of movies, music, books, photographs, software/warez, or any other copyrighted work. If you believe that your intellectual property rights are being infringed upon, please notify us by completing the Report Abuse form, or emailing us at abuse@SnowVPS.com;
Money laundering;
Phishing or engaging in identity theft; and
Selling weapons or ammunition.
No Unauthorized System Access or Network Abuse – You may not use the Services to gain access into any network or system without permission. Prohibited activities include:
Accessing another network without permission, to probe or scan for vulnerabilities or breach security or authentication measures;
Attacking other networks (i.e. Denial of Service (DoS) attacks);
Intercepting or monitoring data without permission;
Running a file sharing site;
Running any software that interfaces with an IRC (Internet Relay Chat) network;
Using any deep-link, page-scrape, robot, crawl, index, spider, offline reader, click spam, macro programs, internet agent, or other automatic device, program, algorithm or methodology which does the same things, to use, access, copy, index, acquire information, generate impressions or clicks, input information, store information, search, generate searches, or monitor any portion of our website or servers for any unauthorized purpose;
Don’t Hamper System Performance – Consuming excessive amount of server resources is prohibited. This leads to server performance issues and may cause a disruption to our systems or other customers. Use of any scripts or processes that may adversely impact our systems is prohibited.

2. Zero Tolerance Spam Policy

You may not use the Services to send spam or bulk unsolicited messages. We maintain a zero tolerance policy for use of its network or services in any manner associated with the transmission, distribution or delivery of any bulk e-mail, including unsolicited bulk or unsolicited commercial e-mail, or the sending, assisting, or commissioning the transmission of commercial e-mail that does not comply with the U.S. CAN-SPAM Act of 2003 (“SPAM”).
“Safe lists,” purchased lists, and selling of lists will be treated as SPAM. We may terminate the account of any User who sends out SPAM with or without notice.
Websites advertised via SPAM (i.e. Spamvertised) may not be hosted on our servers. This provision includes, but is not limited to, SPAM sent via fax, phone, postal mail, email, instant messaging, or usenet/newsgroups. No organization or entity listed in the ROKSO may use our Services. Any User account which results in our IP space being blacklisted will be immediately suspended and/or terminated.
Please familiarize yourself with the CAN-SPAM Act. Information about the CAN-SPAM Act may be found by accessing the following link: https://www.ftc.gov/tips-advice/business-center/guidance/can-spam-act-compliance-guide-business

3. Defamation and Objectionable Content

We value the freedom of expression and encourages Users to be respectful with the content they post. As a webhost, we are not a publisher of User content and generally not in a position to investigate the veracity of individual defamation claims or to determine whether certain material, which we may find objectionable, should be censored. Accordingly, we generally require a court order from a court of competent jurisdiction, as determined by the Company in its sole discretion, to take down alleged defamatory or objectionable content. However, we reserve the right to disable or remove any content to prevent harm to others or to the Company, as determined in our sole discretion.

4. Enforcement

Resellers.
If there is a violation of this AUP by a User of a Reseller, we will suspend the account in question and notify the Reseller so that the Reseller can address the matter with the User. The occurrence of additional violations on a User account may result in the immediate suspensions or termination of your Reseller account.
Direct customers.
Your Services may be suspended with or without notice upon any violation of this AUP.

We reserve the right to enforce, or not enforce, this AUP in our sole discretion.

5. Reporting violations of this AUP. If you feel you have discovered a violation of our AUP please complete the Report Abuse form, or email us at abuse@SnowVPS.com.

Billing and Payment

Your Services offer plans for a fixed period of time that you select upon purchase (e.g. 1 month, 1 year, etc.). Even though we do not want you to, we know that one day you might want to leave us. You can cancel at any time via our client panel.

Money Back Guarantee

The company offers a full money back guarantee within a 3 (three) day period of your purchase, contingent upon less than 50 GB of internet traffic used, as dictated in the Client Area. Please allow up to 30 days for refund requests to be processed in batches.

Please note that at this time Cryptocurrency payments are not supported for refunds. Instead, we can refund to account credit if that was your original method of payment. Other payment methods can definitely be returned to the original method of payment without issue.

Cancellation

Cancellations are accepted via the form in the Client Area under the “Services” tab.

Suspension

Your service may be suspended due to non-payment if you do not pay your renewal on time. To restore your service you must remit payment in full, and in a prompt manner. If payment is not received for an overdue service in more than 7 (seven) days, your service may be fully terminated & removed permanently.

Security and Passwords

Security is of utmost concern to us. It’s your responsibility to secure your VPS unless you subscribe to a server management plan with us. By default, our VPS’s are self-managed by the customer.

Strong passwords are an essential part of security. We automatically generate a strong root password for your VPS. And we encourage you to implement best practices (e.g. changing default ports, using key-based authentication) to enhance security.

Guarantees

We guarantee our VPS services to be available 99.9% of the time. If we fail to meet this uptime guarantee in any given month, we will apply a service credit to your account upon request. Please submit a ticket to our Billing Department for any SLA requests.

Limitation of Liability

SnowVPS is not liable for any incidental, consequential, economic or any other damages, losses, injuries or costs resulting from use or inability to use the VPS service. Our maximum liability is limited to the fees charged for the relevant billing period.

Warranty Disclaimer

Other than what is expressed in these terms (TOS) or policies, SnowVPS does not make any promises or any warranties. Strictly, we provide our services to you “as-is”.

Indemnification

You agree to indemnify, defend and hold harmless the Company, our affiliates, and their respective officers, directors, employees and agents (each an “Indemnified Party” and, collectively, the “Indemnified Parties”) from and against any and all claims, damages, losses, liabilities, suits, actions, demands, proceedings (whether legal or administrative), and expenses (including, but not limited to, reasonable attorney’s fees) threatened, asserted, or filed by a third party against any of the Indemnified Parties arising out of or relating to (i) your use of the Services, (ii) any breach or violation by you of this Agreement; or (iii) any acts or omissions by you. The terms of this section shall survive any termination of this Agreement.