TERMS OF USE
General Lawful Principles
Last Revised: January 2024
The Terms and Conditions on this page govern and define the relationship between the client ("Customer”, "User"), guest and 1 of 1 Servers ("Provider", "We", "Our"). 1 of 1 Servers includes the website (1of1servers.com) and all other services provided by 1 of 1 Servers. By using our services, you automatically agree to our terms, so it is important to ensure that you understand these terms. These terms apply to all our services, and along with the terms and conditions stated in our privacy policy, it is important that you comply with them whilst using 1 of 1 Servers services. 1 of 1 Servers values all our clients, which is why your security, safety and accountability is at the forefront of our values. Any and all usage of the services provided by 1 of 1 Servers must be lawful and respect the guidelines of the Terms and Conditions listed below.
General Lawful Principles
All services provided by 1 of 1 Servers must be used for lawful purposes only. 1 of 1 Servers is not legally obligated to monitor client's activities, but the provider will make themselves available to monitor and/or respond to complaints from users for reasons that include but are not limited to: offensive, violent, undesirable or any kind of illegal activities. Any findings of illegal activity will be reported to the appropriate judicial authorities.
A. Examples of unacceptable activities include but are not limited to:
- Use or sale of pirated content
- Copyright infringement of any kind
- Illegal activity related to the release of sensitive information, or other harmful activity such as fraud, underage exposure, or malicious content.
- Sale of unauthorized goods and services regulated by law such as; loan sharks, sale of illegal items and/or goods.
Fair Use Policy
We offer unlimited bandwidth under our fair use policy. This means that we do not set a hard limit on the amount of data your servers can transfer per month unless specified. We believe this approach supports your growth and allows for the smooth operation of your needs.
Services provided by 1 of 1 Servers are not explicitly limited by bandwidth or disk space, however restrictions do apply based on our fair use policy. If your service is using an excessive amount of bandwidth, random access memory (RAM) or central processing unit power (CPU), we will send you warnings via email to the email address registered on the billing panel. If the problem is not fixed in a timely manner, we may suspend your service, terminate or place limitations on it. We endeavor to provide accurate descriptions of all our services, encompassing details like CPU, RAM, internet speed among other details. If any inadvertent inaccuracies or errors emerge in our service descriptions, the customer acknowledges that we cannot be held responsible for these unintentional discrepancies.This Fair Use Policy applies to both Virtual Private Server (VPS) and dedicated server hosting services provided by our company. As part of our commitment to offering exceptional web hosting solutions, we include generous bandwidth for users of these services under the terms of our fair use policy. We occasionally update our product and service offerings, which may involve changes in pricing, either decreases or increases. Additionally, enhancements such as expanded storage or additional virtual cores might be implemented. While we strive to upgrade your services to reflect these improvements, we cannot guarantee these upgrades in every case. Please be aware that our offers and services are subject to change, and by using our services, you acknowledge and agree not to hold us responsible for these variations.A. VPS Servers & Dedicated Servers
- You must not use your service provided by 1 of 1 Servers for the hosting of illegal or nulled websites. You must not use your service to conduct email spam. You must not use your service to host, use, amend or interact in any way with nulled or illegal software or programs.
- Services in violation of the above terms can be reported via our billing panel using a support ticket. Services in violation of the above terms can be suspended without notice.
- The following programs or scripts, including, but not limited to, Denial of Service (DoS/DDoS) attacks or scripts, port screening, host spam scripts (including email spam) are strictly prohibited on your VPS service.
- You may not use or host any game panel, virtulization or any other hosting related services without our previous written approval in any of our services.
- Singapore have a 1TB per month bandwidth limit for VPS servers unless stated otherwise.
- Singapore have a 5TB per month bandwidth limit for dedicated servers unless stated otherwise.
C.Domains
- If your Domain service provided by 1 of 1 Servers is found to be in violation of our Terms and Conditions, it may be suspended without notice until the violating content has been removed from the service.
- By purchasing a Domain, you agree that the fee is non-refundable.
Indemnification and or Refusal of Service
The consumer (you) agrees that it will hold 1 of 1 Servers free from any and all liability, loss and stipulations such as expenses and claims suffered either but not limited to the negligence of the customer and/or indirect cause of 1 of 1 Servers. In the event of any loss suffered by the customer, the customer agrees to hold 1 of 1 Servers free from liability such as; Employees and all consumers, directors, suppliers, claimants and/or anyone associated with 1 of 1 Servers unless stipulated by the governing law and direct cause is proven within a Court of Law. 1 of 1 Servers holds at its discretion the right to refuse, terminate, cancel any and all the customer's services in the event of conduction of unlawful activity, violation of these terms and conditions, violation of the privacy policy, chargeback or threatening of a chargeback or any indecent conduct. The service may be cancelled in the event of a EULA violation, or a violation of the game's monetization rules and guidelines. In the event of termination of services, the payment will be cancelled next calendar month. In the event of policy violation, the account will be immediately terminated. Policy Violations are not entitled to a refund of any kind. The customer acknowledges that 1 of 1 Servers does not consider risk of the customer's potential punitive, incidental or consequential damages that may arise in connection of the customer's usage of 1 of 1 Servers services. The customer agrees that 1 of 1 Servers is not to be held responsible for loss of profit or damages from use of the services, whether they be indirect, special, incidental, punitive or consequential. The customer recognizes that 1 of 1 Servers has a direct affiliation and partnership with Project Sloth and all its offerings. A ban imposed by 1 of 1 Servers that could disrupt business operations related to other Project Sloth products will also be enforced.
Acceptable Use Policy
1 of 1 Servers strives to maintain a high-level of service, and a lot of customers depend on our high standards of quality. Our company maintains a strict policy against the use of our services for any and all activities that are deemed illegal by local, state, federal, or international laws. This includes, but is not limited to, activities that our team identifies as unlawful or in violation of legal statutes. We reserve the right to exercise our discretion in evaluating and determining the nature of these activities and to take appropriate action, up to and including the termination of services, if we believe they violate any legal provisions or our company policies. As such, we will not provide services to those that are using our services for:
- Any activities that are illegal under international, federal, state, or local laws.
- Any other hosting company that utilizes our VPS, game servers, dedicated servers or any of our services without prior authorization from us.
- Hacking, which includes, for example penetrating or attempting to access, without authorization, another computer or network, port scans, stealth scans, and fraudulent credit card "phishing" techniques are also prohibited.
- Hosting of files, that are under copyright (if not bought) or other data that infringes on another's copyright or other intellectual property rights.
- Stealing files that do not belong to you, especially stealing copyrighted files. We review and respond to DMCA notices.
- Spamming, or sending of bulk unsolicited email. We maintain a strict policy on spamming, which includes the sending of unauthorized commercial messages by use of our services, or by maintaining an open SMTP connection. We reserve the right to refuse or terminate service based on reasonable indications that you are engaged in spamming of any sort.
- Uploading or linking to any content that violates another's right of publicity or privacy.
- Distributing hate speech, or any other content that is obscene, abusing, this could be considered libelous and defamatory.
- Hosting, storing, or distributing child pornography. If any such content is found and brought to our attention, the proper law enforcement agencies will be notified.
- Child pornography, bestiality, hate speech, scam sites, phishing sites and any other material which is considered to be illegal in Canada or your country of residence is strictly prohibited.
- Hosting, storing, or distributing pornographic material. This includes sites that may provide links to adult content elsewhere. In addition, our servers and services may not be used for the propagation, distribution, housing, processing, storing or otherwise handling in any way lewd, obscene, or satanic materials.
- A Content Delivery Network (CDN) streaming on 1 of 1 Servers servers or network.
- A video streaming network.
- Threatening to DDoS and/or DDoSing or Doxing.
- Spoofing IP addresses is strictly prohibited.
- Botnets are strictly prohibited.
- Any and all caching or geo balancing services.
- IP/port scanning is strictly prohibited.
- Open proxies, reverse proxies, or any kind of proxies.
- OpenVPN, TOR relays, and TOR exit nodes are strictly prohibited.
- Intentionally attempting to otherwise bypass the limits of the service.
- Engaging in or promoting fraudulent activities, such as pyramid schemes or identity theft.
- Hosting, distributing, or transmitting malware, including viruses, worms, Trojan horses, ransomware, spyware, and adware.
- Distributing or hosting content that exploits minors in any way.
- Using services to harass, threaten, or bully individuals or groups, including through doxxing or revenge porn.
- Hosting or distributing extremist material, including terrorist propaganda or content promoting violent extremism.
- Utilizing services for cryptocurrency mining without explicit authorization.
- Facilitating unauthorized access to networks, systems, or data, including services that enable anonymous or pseudonymous communication for illicit activities.
- Intercepting, monitoring, or tampering with any network or communications traffic without proper authorization.
- Excessive use of shared resources in a way that degrades services for other customers, such as CPU/RAM/network abuse.
- Hosting counterfeit or pirated software, movies, music, or other materials.
- Engaging in practices that are misleading, deceptive, or unethical, including bait-and-switch tactics.
- Utilizing services for political campaigns in violation of laws regarding political communication and funding.
Security
You must not share your account details with any other individual or organisation. As you are prevented from sharing account details, 1 of 1 Servers will hold you responsible for any actions carried out by your account that violates the TOS. As a result, you will be penalised for any violations caused by your account. If your account has been breached but you fail to report it to 1 of 1 Servers, we may suspend or terminate your service and bar you from ordering services from 1 of 1 Servers in future. Further, you must not use your services to exploit flaws in 1 of 1 Servers software or hardware, or the software or hardware of other internet services. All flaws and potential exploits within 1 of 1 Servers hardware or software must be reported via a ticket in the billing panel upon discovery. You are entirely responsible for erasing any data left on our servers. We make an effort to wipe all drives and data before handing the server over to a new customer.
Payment, Refunds, Disputes
A. Payments
- You must not use your service provided by 1 of 1 Servers for the hosting of illegal or nulled websites. You must not use your service to conduct email spam. You must not use your service to host, use, amend or interact in any way with nulled or illegal software or programs.Your services will not be activated by 1 of 1 Servers until the first payment is successfully received by us. Further, if you do not renew your service before the stated expiration date, your service will be suspended automatically until a payment is made. Your service will be terminated, and all the associated files will be removed from our servers.
B. General Refund Policy
- Dedicated servers, VPS servers, Software Licenses and Managed or Semi-managed Support Services are not eligible for refunds after being activated and/or provided to the customer.
- In some very special instances, we may be able to issue a credit towards any of our other products.
- If we are to issue any refunds, it is at our sole discretion only and we will issue credit only. Setup fees are non-refundable.
- If a bundle composed of multiple months was purchased, you are locked and the remaining months may not be refunded.
- Additional services (i.e framework installation) or other adds-ons and custom features are non-refundable.
- Any purchases made with Cryptocurrency may not be refunded.
C. Disputes
- Chargebacks or payment disputes on any payment processor or platform will result in an immediate account suspension, including the suspension and termination of all your 1 of 1 Servers services without any notice.
- Should a dispute be opened on any payment, refunds will be provided at the discretion of our staff in line with our refunds policy.
- If you opened a dispute with your financial institution and/or payment processor without attempting to contact the 1 of 1 Servers support team, you are not eligible for a refund.
- Any chargebacks we will add an additional $35 to your invoice and your account. We will also send your account to collections and you will be responsible for all fees associated with any collections effort.
D.Overpayments and Accidental Payments
- 1 of 1 Servers understands and accepts that overpayments and accidental payments can occur, and we will work with you constructively to rectify the issue.
- We will treat a payment as accidental when a payment is made by a client, but where the payment was not due nor requested by 1 of 1 Servers. If the client completed a payment multiple times for the same invoice or service, we would treat this as an overpayment and work with you to rectify this.
- When requesting a refund for an overpayment or accidental payment, please ensure that you make clear the payment method used to make the overpayment/accidental payment, as well as the date that the payment was processed.
Billing & Invoicing
A. Billing
- Your due date is 30 days after you purchase your server. If you need additional help paying for your invoice, reach out to us so we can assist you.
- Your account will be assessed a 15% OR $10 late payment fee, whichever is greater.
- We do a pre-authorization 3 days before. If we are not able to collect your funds on the pre-authorization, you have until your due date to pay for it. If your invoice is not paid on your due date, the service will be suspended.
- Any billing dispute of any kind does not exempt you from paying current and future bills.
- All disputes resolved in your favor will receive account credit.
- At our sole discretion we offer up to three payment extensions per calendar year on specific products and services.
B.Bandwidth Overage
- If you're over your bandwidth, we will bill your account based on a default of $0.15 per GB used. If you have any credits, we will use that balanace first. If we bill you and you do not pay for it, we will send your account to collection efforts.
C.Termination Due to non-payment
- VPS Servers: If your invoice is not paid on your due date at 12:00 A.M EST, your services will be suspended, disconnected and terminated. We may at our sole disrection consider to not terminate your services, only suspend it. If auto-terminatination occurs due to non-payment you will lose all data.
- Dedicated Servers: If you fail to submit payment by the invoice due date, your service will be disconnected immediately. Your account will be assessed a 15% OR $10, whichever is greater late fee. If your invoice is not paid after 24 hours after your due date, we will terminate your services and you WILL lose data. The discretion of allowing 24 hours to pass before your servers are terminated are made by our staff team. We may terminate the server on your due date depending on circumstances.
- All other services: Payment for your invoice must be made by the due date. Failure to do so will result in the termination of your services and the loss of all stored data.
D.Price Increases
- In the event of a price increase, we will try to give two billing cycles notice. typically amounting to 60 days, to adjust. We will notify you of any price changes via email.
Service Cancellations
Our services are month to month with no contracts, unless subscribed to more than one month. If you no longer wish to continue your service, you must submit a formal cancellation request for the service in the client area. If you purchase your service for more than 1 month, i.e 3 months, you are locked in for that time period. There are no refunds or exchanges, reefer to the "Refunds" Policy above. To request your service cancellation, you must make a request 5 days before your due date to allow enough time for cancellation to process. You can request cancellation from "My Services" section of your customer dashboard. Failure to submit your payment on time will occur on termination of your services. All data will be lost and it is not recoverable.
Privacy
Solely for security purposes, the 1 of 1 Servers website stores access logs with details for every visitor, including information such as your browser details and your internet-protocol ("IP") address. The 1 of 1 Servers website utilises cookies, small pieces of information stored on your computer, for our Client Area (Billing), and Control Panel(s). Whilst you are permitted to disable and delete these cookies in your browser, they may be necessary for certain aspects of the 1 of 1 Servers website to work as intended. Personal details provided through our billing system are held on our system until the account is closed. We will only make these details available to the 1 of 1 Servers management and support team, used for the sole purpose of fulfilling orders and providing appropriate support. If you would like to request your account to be closed, please contact our support team via a ticket.
Abuse
To report abuse on the 1 of 1 Servers network, whether that be services in violation of the TOS or otherwise, please contact support via a ticket. Abuse complaints regarding your service will be forwarded to you and will require immediate attention. We may suspend your services until abuse reports have been resolved. Should an abuse report be found valid, your services may be terminated without notice.
Support Schedule
1 of 1 Servers guarantees to reply to all support tickets created within three (3) hours placed within your client portal. In most cases, we can guarantee a complete resolution of each support ticket within five (5) days, with the exception of certain extenuating circumstances, listed below but not limited to:
A. Billing
- Newly discovered and not previously resolved game bugs on our systems.
- Partnership applications.
- Job applications.
- Legal proceedings.
Formal Enquiries
All formal enquiries, including those of a legal nature, should be directed to:
Address: 100 SE 2ND Street, Miami, FL 33131
Phone: (786) 509-7097 Email:
[email protected]