Terms of Service & Acceptable Use Policy

1. Eligibility and Account Responsibilities

• Account Verification: We reserve the right to verify your identity (including phone or billing checks) before provisioning infrastructure to prevent fraud and abuse.
• Security: You are solely responsible for managing the security of your VPS instances, including root passwords, SSH keys, firewall configurations, and keeping your installed operating systems and software patched.

2. Strict Acceptable Use Policy (AUP)

Your VPS instances must be used for lawful purposes only. We maintain a zero-tolerance policy for network abuse or illegal activities.

Prohibited Actions include, but are not limited to:

• Illegal Activity: Hosting, distributing, or linking to copyrighted material without authorization (piracy/warez), child exploitation material, fraudulent schemes, or any content that violates local, federal, or international laws.
• Network Attacks: Launching or participating in Denial of Service (DoS/DDoS) attacks, network scanning, port scanning, or sniffing from your VPS.
• Spam and Bulk Email: Operating open mail relays or sending unsolicited bulk email (SPAM). All outbound mail must comply with the CAN-SPAM Act.
• Malicious Software: Hosting, executing, or distributing malware, trojans, rootkits, botnet controllers, or phishing pages.
• Resource Abuse: Consistent, intentional overuse of shared host node resources (such as excessive, long-term disk I/O or network saturation) that negatively impacts neighboring clients on the same hardware node.

3. Immediate Suspension and Termination

• The Right to Suspend: If we receive a verified abuse complaint (such as a DMCA takedown notice, Spamhaus listing, or network attack report) or detect activity violating Section 2, we reserve the right to immediately suspend or terminate your VPS without prior notice.
• Data Loss: In the event of an abuse-related suspension or termination, we are not responsible for preserving your data, and backups may be deleted.
• No Refunds for Abuse: If your account is closed due to a violation of our AUP, you forfeit any remaining credit or prepayments.

4. Backups and Data Loss

Critical data disclaimer

While we strive to maintain high availability across our host infrastructure, you are solely responsible for maintaining your own offsite backups. We provide the underlying virtual machine framework "as is." In the event of hardware failure, storage corruption, or catastrophic loss, we are not liable for lost data, files, or configurations.

5. Resource Allocation and Fair Use

• Burst vs. Sustained: CPU cores, port speeds, and disk I/O are typically shared among multiple virtual environments on a single physical server. While you are allocated specific limits, sustained utilization that degrades host node performance may result in temporary resource throttling or a request to upgrade to a dedicated tier.
• IP Addresses: All IPv4 and IPv6 addresses assigned to your VPS remain the property of the Company and its upstream network providers. We reserve the right to alter or reclaim IP allocations for network engineering or clean reputation purposes.

6. Billing, Cancellation, and Refunds

• Payment Terms: Services are billed on a recurring basis (monthly, quarterly, or annually). Payments are due on the renewal date. Failure to pay within 30 days of the due date will result in automated suspension; termination and data deletion will occur after 60 days.
• Refund Policy: All sales are final

7. Limitation of Liability

To the maximum extent permitted by law, DeSoHosting shall not be liable for any direct, indirect, incidental, or consequential damages—including but not limited to loss of profits, business interruption, or data corruption—arising out of the use or inability to use our VPS infrastructure, even if we have been advised of the possibility of such damages.

8. Governing Law

These Terms shall be governed by and construed in accordance with the laws of Tennessee, USA, without regard to its conflict of law principles. Any legal action arising from these terms must be filed in the courts located within Nashville, TN, USA.

9. Contact and Abuse Reporting

For legal inquiries or to report infrastructure abuse originating from our network, contact:

• Legal Support Email: [email protected]
• Abuse Desk Email: [email protected]