Terms of Service

What The Server Terms Of Service. TOS 1.3.3


Release: 20 Nov 2012


© What The Server


© A What The * Services Company.


Refund Policy
What The Server offers a 30-day money back guarantee on all services.


Account Activate / Setup
What The Server usual account setup time is typically instant(upon receipt of payment), if not please allow up to 24 hours. Generally if something is out of stock we contact the client and issue a refund.


Content Policy
All services provided by What The Server may only be used for lawful purposes. The laws of Netherlands apply.(the country of our hosting location.)
The customer agrees to indemnify and hold harmless What The Server from any claims resulting from the use of our services.
The offer of sale of any counterfeit merchandise of a trademark holder will result in the immediate termination of your account.


If you believe that your copyright or trademark is being infringed upon, please email admin@whattheserver.me with the information required. If the request is of a licensing issue, we may require further documentation.


Examples of unacceptable material on our servers include:


  • Child porn
  • Terrorism
  • AutoSurf/PTC/PTS/PPC sites
  • IP Scanners
  • Bruteforce Programs/Scripts/Applications
  • Mail Bombers/Spam Scripts
  • Banner-Ad services (commercial banner ad rotation)
  • Escrow/Bank Debentures
  • High-Yield Interest Programs (HYIP) or Related Sites
  • Sale of any controlled substance without prior proof of appropriate permit(s)
  • Prime Banks Programs
  • MUDs/RPGs/PBBGs
  • Fraudulent Sites (Including, but not limited to sites listed at aa419.org & escrow-fraud.com)
  • Mailer Pro
  • Broadcast or Streaming of Live Sporting Events (UFC, NASCAR, FIFA, NFL, MLB, NBA, WWE, WWF, etc)

  • If your unsure whether something is allowed please submit a ticket and ask us.

Examples of encouraged material on our servers include:


  • Tor Exit Nodes
  • Private Tor Bridges
  • Freedom of Speech
  • Human Rights Organizations

What The Server services, including all related equipment, networks and network devices are provided only for authorized customer use.
Any account found connecting to a third party network or system without authorization from the third party is subject to suspension. Access to networks or systems outside of your direct control must be with expressed written consent from the third party. What The Server may, at its discretion, request and require documentation to prove access to a third party network or system is authorized.
We reserve the right to refuse service to anyone. Any material that, in our judgment, is obscene, threatening, illegal, or violates our terms of service in any manner may be removed from our servers (or otherwise disabled), with or without notice.
Failure to respond to email from our abuse department within 48 hours may result in the suspension or termination of your services. All abuse issues must be dealt with via troubleticket/email and will have a response within 48 hours.For Example: If we receive complaint or DMCA notice we will forward to client to deal with.


Resource Usage
By signing up with our hosting service, you agree not to overuse our server resources. You should understand that you are on a shared environment & all resources are evenly distributed among customers. We tolerate the maximum memory usage but for CPU use cores are shared between client whereas only the number of acessible cores is adjustable.


Resource Abuse

- Affecting other clients will affect your tenacy.

- You are responsible for `poor code`.

- `Accidents` happen once. And only once.

Resource Abuse Policies


1,1) Resource abuse consists of any activity, intentional or otherwise, that consumes enough system resources to affect other clients or equipment.


1,2) If your account is in violation for non-severe prohibited usage, the following steps will be taken in dealing with the infraction:


1,2,1) First Offense: A written warning detailing the offense will be issued via the ticket system addressing the infraction. Once you reply to this ticket, your service(s) will be reactivated, and you will have 24hours to correct the issue.


1,2,2) Second Offense: Another written warning will be issued, and a $15.00 Service Fine will be applied to the account. Once the ticket is replied to, your service(s) will be reactivated, and you will have 4 hours from activation to correct the issue. At this point you should make a personal backup of your data, and transfer this backup to your home or other remote location.


1,2,3) Third Offense: A termination notice will be issued, all service(s) on the account will be suspended, and the service in question will be terminated with no compensation or data retrieval. A $25.00 AUP Violation Fine will also be added to the account, and must be paid in full before any service(s) are to be reactivated.


1,3) Any intentional abuse of resources, including but not limited to: DDoS Attacks, Port Sniffers, Network "security" scanners, UDP/SYN Floods, Forkbombs, Unauthorized Access, and GET floods, will result in immediate termination of services, and a permanent ban on the account.


Backups

We strongly advise our customers to take backups frequently. We are not held responsible for any data loss!

Unaccepted
Spamming or Phishing are not tolerated on our servers. The account found involved or containing such materials will be terminated immediately without notice.


Privacy Policy
This Privacy Policy describes the information we collect from you, what we do with the information, and our information security practices. If you have any questions about our Privacy Policy, please contact our sales department.


When you sign up for our service, we will ask you to provide contact information such as your name, address, telephone numbers, e-mail addresses, and payment information such as credit card number and expiration date.


If you contact us for customer support, we may also ask you for information about your operating system, software and other technical matters.


When you visit our website we will log your IP Address, time of and duration of visit, and time and duration of the pages on our website that you view. We may tie this information to the personally identifiable information we have about you.

We will also place a cookie that will identify you to us as a repeat visitor or a customer when you visit our website. We may tie this cookie to the personally identifiable information we have about you.

If we send you an e-mail, we may include a marker that will allow to identify e-mail that is opened and viewed.


Use of Personally Identifiable Information

We will use your personally identifiable information only as follows:

  • For payment purposes and to provide customer support.
  • We will not provide any personally identifiable information about you to any other person other than: a law enforcement or regulatory agency at their request; third parties who perform services on our behalf (such as payment processing), subject to the third party agreeing with us that it will keep your personally identifiable information confidential; As otherwise needed to protect or enforce or rights or the rights of others.

  • To ensure your privacy please signup through a tor exit node and pay via bitcoin and use a secure or free throwaway email account. We cannot be forced to turn over information we do not have or if turned over is useless.

We absolutely do not transfer or sell your information for inclusion on third party e-mail or other marketing lists.

What is a Cookie


A cookie is an alphanumeric identifier that is unique to your browser. The cookie will identify your browser to us when you visit our website so that we may customize your visit.


Security of Your Information


We store your personally identifiable information and payment information in our secure database.

Children's Privacy

Our service is not available to children under the age of 13, and we will not intentionally maintain information about anyone under the age of 13