These Terms of Service ("Terms") govern your use of the VPSDime service (the "Service"). By ordering, accessing, or using the Service, you agree to be bound by these Terms. If you do not agree, do not use the Service.
Definitions
"VPSDime", "we", "us", and "our" refer to Nodisto FZE, B.C. 1305967, Ajman Free Zone, United Arab Emirates, the operator of the Service. "You" and "your" refer to the natural or legal person who orders, accesses, or uses the Service.
The Service
We provide virtual private server (VPS) hosting: virtualized compute, storage, and network resources accessible over the Internet. Specific resource allocations, software, and features for each plan are described on our website at the time of order. Except as expressly stated in the Service Level Agreement section below, we do not guarantee any specific level of uptime, performance, or availability. You are responsible for all activity that occurs on or through your service.
Service Level Agreement
We offer a 99.9% network uptime SLA and a 99.99% power uptime SLA. If we fall short of these commitments, you may claim the corresponding service credit by opening a support ticket from your authenticated client area. Service credits are your sole and exclusive remedy for any failure to meet these commitments. Beyond these commitments, no uptime, performance, or availability guarantee of any kind is made.
Account Registration
You must be at least 18 years old and able to enter into a legally binding contract. You must provide accurate and current identification information when ordering and must keep it updated. We may, at our sole discretion, verify any information you provide. We may suspend or terminate any account that we determine, in our sole discretion, is associated with false or inaccurate information, fraud, or any violation of these Terms. Accounts opened to circumvent suspension, termination, payment obligations, or these Terms may be terminated without notice. We may decline to provide service to any person or entity, at our sole discretion. Orders placed while using a VPN, proxy, or other anonymization methods to conceal your identity may be declined or terminated.
We use services from MaxMind and FraudRecord to screen all new orders automatically, and orders and payments may be subject to manual review. If resolving a verification review takes multiple days, we will credit your account for the number of days it took to resolve.
Sanctions
You represent that you are not located in, organized under the laws of, or ordinarily resident in a jurisdiction subject to comprehensive sanctions under U.S., European Union, United Kingdom, United Nations, or applicable UAE sanctions regimes, and that you are not a person or entity listed on any applicable sanctions list. We may suspend or terminate any service, without notice, if we determine that your use of the Service violates or could cause us to violate any applicable sanctions law.
Acceptable Use
Your use of the Service is subject to the following rules. We may suspend or terminate any service for violation of these rules, at our sole discretion, with or without notice. These rules are supplemented by our Acceptable Use Policy at https://vpsdime.com/aup, which forms part of these Terms.
1. Resource fair use. Sustained 100% CPU, IOPS, or network usage that affects other customers is not permitted. We may notify and throttle services that exceed fair use, and may suspend services that do not return to fair use after notice. Plans with dedicated resources are not subject to fair-use throttling for the resources specifically dedicated to the plan.
2. Prohibited content. You may not use the Service to host, distribute, or transmit: sexually explicit adult content, pornography, or sex work content; child sexual abuse material (always reported to authorities); hate speech, incitement, harassment, doxxing, or defamatory content; terrorism, violent extremism, or content promoting violence against persons or groups; content infringing copyright, trademarks, or other intellectual property rights, including nulled, cracked, or otherwise pirated software; gambling, betting, lotteries, or online casinos; drugs, controlled substances, or weapons sales; counterfeit or replica goods; HYIP, Ponzi schemes, or pyramid schemes; fraud, phishing, or identity theft material.
3. Prohibited network behavior. You may not use the Service to operate or facilitate: public proxy services, public VPN services, or residential proxy / exit-node networks; TOR relays, exits, entry guards, or bridges; open SMTP relays; outbound spam, bulk unsolicited email, or mailing-list software without verified opt-in; outbound port scanning, vulnerability scanning, or brute-force activity against third parties; outbound denial-of-service or amplification attacks; IP spoofing; forgery of email headers, packet headers, or other identifying information; use of IP addresses not assigned to your service; interception of network traffic not destined for your service; attempts to access, compromise, or subvert the security of our systems or other customers' services; phishing, malware command-and-control, or botnet infrastructure.
4. Prohibited workloads. You may not use the Service for: cryptocurrency mining (all variants and chains); torrent clients, trackers, or seeders; web scraping that generates denial-of-service-level load on third parties or that ignores robots.txt directives; view-bot, traffic-exchange, or artificial-engagement networks; booter, stresser, or denial-of-service-for-hire services.
5. Allowed uses, subject to fair use. The following are permitted, subject to the resource fair-use rules above: AI inference workloads; cryptocurrency staking and validator nodes; game servers; lawful streaming that does not infringe third-party rights or violate these Terms; personal or private VPN and proxy use (for the customer's own use only, not multi-tenant or sold-on services); hosting your clients' websites and applications (you remain responsible for their usage); web hosting, database hosting, and other normal application workloads.
6. Customer security obligations. You must keep your software updated, use secure passwords and authentication, and notify us promptly if your account or service is compromised.
Reselling
Offering our servers or services as your own product (reselling or white-labelling) is not permitted. Hosting your clients' websites and applications on your services is allowed; you remain responsible at all times for all usage of your services, including usage by your clients.
Email Policy
Low-volume transactional and personal email is permitted. Bulk or unsolicited email of any kind is prohibited, as is maintaining an open, unsecured SMTP relay. Our monitoring systems may automatically block SMTP ports on services detected emitting mass mail. If an IP address assigned to your service becomes listed on an email blacklist as a result of your usage, a $250 charge per blacklist entry will be applied and you are required to handle the delisting.
Billing
When you order a service, an invoice is generated and becomes due immediately. Service does not commence until the invoice is paid. Services are provided on a subscription basis. Renewal invoices are generated automatically until you cancel the service in accordance with these Terms.
Payments must be made from a payment instrument bearing the same name as the account holder, or a name reasonably similar. Requests to pay from a different name may be submitted by ticket and accepted at our sole discretion. All outstanding invoices must be paid before placing new orders. Account credit on your account may be applied automatically toward outstanding invoices.
Renewal invoices are generated fourteen (14) days before their due date. A payment reminder is sent on the due date, and overdue notices are sent on each of the first three days an invoice is overdue. If a service is set to renew automatically and you also pay its invoice manually, you will not be charged twice for the same period.
Prices may change at any time. We will provide at least 30 days' notice via email for any price increase affecting an existing subscription. The new price applies to renewals after the notice period.
Prices listed on our website do not include any taxes, duties, or fees imposed by your jurisdiction. You are responsible for any such taxes, duties, or fees, including value-added tax (VAT), goods and services tax (GST), sales tax, withholding tax, or similar charges.
A service whose invoice remains unpaid three (3) full days after its due date is suspended; that is, suspension occurs on the fourth day after the due date. We do not charge late fees, and paying the overdue invoice reactivates the service automatically, free of charge. A service whose invoice remains unpaid ten (10) full days after its due date is terminated without further notice; that is, termination occurs on the eleventh day after the due date, and the service data is permanently deleted.
Traffic Allowance
Each service includes a monthly traffic allowance that resets on the first day of each calendar month; unused allowance does not roll over. We notify you by email when your service reaches 75% and 100% of its allowance. If you do not purchase additional traffic or upgrade the service within 24 hours of reaching 100%, the service is suspended until you do so or until the allowance resets.
Refunds
No refunds are issued except as follows: the first service ordered by a customer is eligible for a refund if, within 72 hours of the time the service is provisioned and accessible to you, you (a) cancel the service through the authenticated client area and (b) request the refund by ticket from the authenticated client area. The trial refund is void if more than 90% of the service's monthly traffic allowance is used within the trial period. Only the first service ordered by a customer is eligible; no subsequent service, whether ordered by the same customer or by an account related to the customer, is eligible for a trial-period refund. Refunds due for payments made using methods that cannot be reversed (cryptocurrencies, AliPay, DOKU, Boleto, PIX) are issued as account credit. To the maximum extent permitted by applicable law, account credit balances are not refundable and are forfeited if your account is terminated by us for violation of these Terms; account credit balances otherwise never expire and are retained on your account. If we terminate your service without cause, we will refund the prorated amount of the remaining term. No other refunds are issued.
Cancellation
You may cancel your service at any time by submitting a cancellation request from your authenticated client area. We do not accept cancellation requests through other channels. Cancellation may be requested for immediate termination or for termination at the end of the current billing period, if those options are available in the client area. Immediate cancellation may result in immediate and permanent deletion of service data.
Communications
We may send you operational and account-related communications via email or through the client area, including service notices, billing notices, security alerts, and notices required by these Terms. The email address on your account is the official contact address for these communications. In addition to email, we may post operational notices in the client area. Operational and account-related communications cannot be opted out of while your account is active. You are responsible for receiving them. We are not liable for any consequences of your failure to receive them, including missed payment deadlines, suspensions, or terminations.
Support
The Service is unmanaged unless expressly stated otherwise in the applicable plan. Support requests must be submitted via ticket from the authenticated client area. Other channels (email, phone, live chat, social media, or any other means) may not receive a response. Our support covers issues with our infrastructure and services. We do not provide support for the operation, installation, configuration, or troubleshooting of customer software, applications, or operating systems running on the service. We make no commitment to any specific response time or resolution time and offer no compensation for delays. You may not request resolution by a specific staff member. Abusive behavior toward our staff may result in termination of service without refund.
Complaints may be submitted by ticket from the authenticated client area; we will respond to complaints within ten (10) working days.
Customer Data
Your data is your responsibility. You are required to maintain your own off-site backups. You retain all rights to your data. Upon termination of your service for any reason, your data, including any backups stored as part of the backup service, is scheduled for permanent deletion and is not recoverable. We do not commit to any specific retention or deletion window and may delete data immediately upon termination.
Backups
We do not retain copies, snapshots, or backups of your service data unless your plan includes, or you have purchased, our Nightly Backups feature. Where Nightly Backups is active, the service is backed up once per night with a three-night retention; restores are self-service from the client area for Linux and Premium VPS services, and are performed by our team upon request by ticket for Windows VPS services. Premium VPS plans include Nightly Backups free of charge.
Your data remains your responsibility at all times. We do not guarantee that backups will exist or be restorable, and we cannot be held accountable for missing or unrestorable backups. We will not restore backups to any third-party service or network, and we offer no compensation for data loss. Where Nightly Backups applies, our aggregate liability is limited to one month's subscription fee for the affected service. You are required to maintain your own off-site backups.
Data Locations
Your service operates in the datacenter location you select at the time of order. Customer account, billing, and operational data may be processed in other locations. Further details are described in our Privacy Policy.
IP Addresses
IP addresses assigned to your service are licensed for use with the Service and are not sold to you. We may change, remove, null-route, or reassign IP addresses where necessary for operational, security, abuse, legal, or network-management reasons. We do not guarantee the reputation, geolocation, blacklist status, or email deliverability of any IP address.
DDoS Response
Traffic targeting your service may be null-routed to protect our network and other customers. We may suspend or terminate service that is the target of sustained or recurring attacks. No refunds are issued for service affected by or terminated due to such attacks.
Chargebacks
Before initiating a chargeback or payment dispute, you must first attempt in good faith to resolve the matter with our support team via ticket from the authenticated client area, and must allow a reasonable opportunity for us to respond. Contacting us first is always faster and keeps your service online. If you raise a chargeback or payment dispute, or threaten to do so, the related service is suspended automatically while we work with you to resolve it; if a dispute was raised in error, we will give you the opportunity to resolve it with your bank or payment provider. We reserve the right to terminate services without refund where disputes are made in bad faith.
Copyright Complaints
We respond to notices of alleged copyright infringement under applicable copyright laws. We accept notices in the format prescribed by the U.S. Digital Millennium Copyright Act (DMCA), 17 U.S.C. § 512(c)(3), as well as equivalent formats under other applicable laws. Notices must be sent to [email protected] and should include: (a) identification of the copyrighted work claimed to have been infringed; (b) identification of the allegedly infringing material and sufficient information to locate it; (c) your contact information; (d) a statement that you have a good-faith belief that the use is not authorized; (e) a statement that the information is accurate and that you are authorized to act on behalf of the copyright owner; and (f) your physical or electronic signature. We may forward notices to the affected customer. We maintain a repeat infringer policy and will terminate, in appropriate circumstances, the accounts of customers who are the subject of repeated substantiated copyright complaints. A customer that is the subject of two or more substantiated notices may be considered a repeat infringer at our discretion.
Reporting Illegal Content
To report content hosted on our network that you believe is illegal or violates these Terms, contact [email protected]. Your notice should identify the content, explain the basis for the report, provide sufficient information for us to locate the content, and provide your contact information. We may acknowledge receipt of valid notices. We may, at our discretion, remove content, suspend service, or terminate accounts based on such notices. Where required by applicable law, we may provide a statement of reasons to the affected customer and an opportunity to respond.
EU Digital Services Act
Where the Digital Services Act applies, [email protected] is our point of contact for notices concerning illegal content. Notices should include the exact electronic location of the content, the legal basis for the report, the reporter's contact information, and a good-faith statement that the information is accurate. Where required, we will provide a statement of reasons for restrictions imposed due to illegal content or Terms violations and may provide an opportunity to respond or appeal.
Child Sexual Abuse Material
We have zero tolerance for child sexual abuse material. Any service hosting such material will be terminated immediately and without notice. We will report such material to applicable authorities, which may include the National Center for Missing and Exploited Children (NCMEC) and equivalent national bodies, as required by applicable law, and we may cooperate with their investigations.
Legal Process
We may disclose customer information or content in response to a subpoena, court order, warrant, or other valid legal process; to comply with applicable law; to enforce these Terms; or to protect the rights, property, or safety of VPSDime, our customers, or others. We may preserve customer information or content where required or permitted by law. We are not obligated to notify the affected customer of such disclosures, except where required by law. Legal requests may be sent to [email protected].
Privacy
Our handling of personal data is described in our Privacy Policy, available at vpsdime.com/privacy-policy. You may exercise your data rights under applicable law by contacting us at [email protected].
Customer Data Processing
The Service is offered as raw infrastructure. We do not inspect, monitor, or analyze the content of files, databases, communications, or other data you store, transmit, or process using the Service, except as necessary to respond to abuse reports, investigate suspected violations of these Terms, or comply with law.
In the course of operating the Service, we routinely perform technical operations on your data, including storage, replication, snapshotting, migration between physical hosts, and, where you have ordered the backup service, scheduled backups and restoration. These operations are performed automatically as part of providing the Service and do not involve inspection of the content of your data.
The Service is not offered for use cases in which we would act as a "processor," "service provider," or equivalent role under the General Data Protection Regulation (GDPR), the UK GDPR, the California Consumer Privacy Act (CCPA), the Health Insurance Portability and Accountability Act (HIPAA), or similar data protection or sectoral privacy laws. We do not enter into Data Processing Agreements, Standard Contractual Clauses, Business Associate Agreements, or equivalent instruments. If your intended use of the Service requires any such agreement with your infrastructure provider, the Service is not suitable for your use case and you must not order it.
You are solely responsible for compliance with all data protection and privacy laws applicable to any personal data you store, transmit, or process using the Service, including obtaining all required consents, providing all required notices, implementing all required security measures (including encryption of sensitive data at rest and in transit), and responding to data-subject requests. You will not represent to any third party that we have undertaken any role or obligation under any data protection law in respect of your data.
We may suspend or terminate any service, with or without notice, if we determine that your use of the Service places us in the position of a processor or equivalent role under any data protection law.
Disclaimer of Warranties
The Service is provided "as is" and "as available" without warranties of any kind, either express or implied, including without limitation warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, reliability, or uninterrupted or error-free operation. We do not warrant that the Service will meet your requirements, be available without interruption, be secure, or be free from defects or data loss.
Limitation of Liability
To the maximum extent permitted by applicable law, we shall not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including without limitation loss of profits, revenue, data, goodwill, business opportunities, or third-party claims, arising from or relating to the Service, even if we have been advised of the possibility of such damages. Our aggregate liability for any claim arising from or relating to the Service shall not exceed the fees you have paid to us for the affected service in the three (3) months preceding the event giving rise to the claim.
Indemnification
You agree to indemnify, defend, and hold harmless us, our affiliates, officers, directors, employees, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from or related to: (a) your use of the Service; (b) your violation of these Terms; (c) your violation of any law or any rights of a third party; or (d) any content or data you transmit, store, or process using the Service.
Consumer Rights
Nothing in these Terms limits or excludes any rights you have under mandatory consumer protection laws in your jurisdiction that cannot be waived by contract. Where any provision of these Terms is held unenforceable as applied to a consumer under such laws, the provision will be enforced to the maximum extent permitted, and the remainder of these Terms will continue in effect.
Governing Law and Disputes
These Terms, and any dispute arising out of or in connection with these Terms or the Service, are governed by the laws of the United Arab Emirates, together with the laws of the country in which your service is physically located where applicable, without regard to conflict of laws principles. Any dispute arising out of or in connection with these Terms or the Service shall be resolved exclusively by the competent courts of the United Arab Emirates. You consent to the personal jurisdiction of these courts and waive any objection based on inconvenient forum.
Any dispute arising out of or in connection with these Terms or the Service must be brought solely in your individual capacity. You waive any right to bring or participate in any class, collective, or representative action. Any claim arising out of or in connection with these Terms or the Service must be brought within one (1) year of the date the claim arose. Claims not brought within this period are permanently barred.
Force Majeure
We are not liable for any failure or delay in performance caused by events beyond our reasonable control, including acts of God, war, civil disturbance, government action, labor disputes, power or telecommunications failures, network or infrastructure outages, denial-of-service attacks, or natural disasters.
Severability
If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect, and the invalid provision shall be modified to the minimum extent necessary to make it valid, legal, and enforceable.
No Waiver
Our failure to enforce any right or provision of these Terms shall not be deemed a waiver of that right or provision. No waiver shall be effective unless made in writing.
Assignment
You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign or transfer our rights and obligations under these Terms at any time without notice. Any attempted assignment by you in violation of this section is void.
Changes to Terms
We may modify these Terms at any time, with or without notice. Modified Terms are effective when posted to our website. You are responsible for reviewing the current Terms, and your continued use of the Service after the effective date constitutes acceptance of the modified Terms.
Entire Agreement
These Terms, together with any policies or documents referenced herein, constitute the entire agreement between you and us regarding the Service, and supersede any prior agreements, communications, or understandings.
Independent Parties
Nothing in these Terms creates any agency, partnership, joint venture, employment, or franchise relationship between you and us.
Language
These Terms are written in English. Any translation is provided for convenience only. In the event of any conflict between the English version and a translation, the English version controls.
Notices
Legal notices to us must be sent to [email protected]. Notices to you may be sent to the email address on your account or posted in the client area.
Order of Precedence
If there is a conflict between these Terms, an invoice, a plan description, the Privacy Policy, or any other referenced policy, the following order controls: first, any signed written agreement; second, the invoice or order terms; third, these Terms; fourth, applicable policies; and fifth, general website descriptions, unless expressly stated otherwise.
Survival
The provisions of these Terms that by their nature should survive termination, including without limitation the Disclaimer of Warranties, Limitation of Liability, Indemnification, Disputes, Customer Data, and any payment obligations accrued prior to termination, will survive termination of these Terms or your service.
Contact
Nodisto FZE
B.C. 1305967
Ajman Free Zone
United Arab Emirates
Support: via ticket from your authenticated client area
Abuse reports: [email protected]
Legal requests: [email protected]