Terms of Service and Acceptable Use Policy
1. General Provisions
These Terms of Service ("Terms") and Acceptable Use Policy ("AUP") constitute a binding agreement between the customer ("Client", "You") and VDSHERO Ltd. ("VDSHERO", "We", "Our"), governing the use of all products and services offered by VDSHERO, including but not limited to virtual servers (VDS/VPS), dedicated servers, storage, and related hosting services ("Services").
By registering an account or using any of our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and this AUP.
2. Eligibility and Account Registration
- You must be at least 18 years old and capable of entering into legally binding agreements.
- Registration of anonymous or fake accounts is strictly prohibited.
- You must provide accurate, complete, and current identification information, including your full legal name, address, and valid contact details.
- VDSHERO reserves the right to verify your identity at any time through Know Your Customer (KYC) procedures conducted directly or via third-party verification partners.
- Failure to pass or refusal to participate in the KYC process may result in suspension or termination of your account.
- For cryptocurrency payments exceeding EUR 50.00, KYC verification is mandatory before the transaction is processed.
3. Acceptable Use Policy (AUP)
You agree not to use the Services for any unlawful, harmful, or abusive activity. The following actions are strictly prohibited:
- Spam and UCE (Unsolicited Commercial Email) – Sending, facilitating, or hosting spam campaigns, bulk unsolicited messages, or spamvertising of any kind.
- Criminal Activity – Hosting or distributing material related to illegal activities, including phishing, identity theft, financial fraud, or network abuse.
- Copyright Infringement – Hosting or sharing copyrighted content without proper authorization.
- TOR Exit Nodes or Public Proxies – Operating TOR exit relays, open proxies, or similar anonymizing services.
- Malware or Exploits – Hosting, distributing, or linking to viruses, ransomware, exploits, or tools intended for unauthorized access or disruption of systems.
- Network Interference – Conducting denial-of-service (DoS/DDoS) attacks, port scanning, or any activity that may harm VDSHERO’s network or third parties.
- Sanctions Compliance – Providing services to or on behalf of individuals, entities, or organizations subject to sanctions administered by OFAC, the European Union, or other competent authorities.
4. Responsibility and Liability
- The Client is solely responsible for all actions performed using their Services, including those made by third parties with or without authorization.
- VDSHERO is not responsible for any data loss, service interruption, or damages arising from misuse, system failure, or force majeure events.
- Clients must maintain their own data backups at all times.
- VDSHERO provides services on an “as-is” and “as-available” basis without warranties of any kind, whether express or implied.
5. Payments and Refunds
- All fees are due in advance according to your selected billing cycle.
- Failure to complete payment may result in suspension or termination of the Service.
- No refunds are provided for terminated services due to violation of these Terms or AUP.
- Cryptocurrency payments are accepted where available and subject to AML/KYC verification under applicable EU and international laws.
6. Compliance with Sanctions and Export Laws
VDSHERO strictly complies with all applicable sanctions regulations and export control laws, including those imposed by:
- The European Union (EU),
- The United States Office of Foreign Assets Control (OFAC),
- The United Nations, and
- Other competent national authorities.
There are no exceptions to this rule.
7. Service Availability and Maintenance
VDSHERO strives to provide high-quality service but does not guarantee uninterrupted availability.
Temporary interruptions may occur due to maintenance, upgrades, network issues, or force majeure events.
Such interruptions do not constitute grounds for refunds or liability claims.
8. Service Level Agreement (SLA)
VDSHERO offers two Service Level tiers: Standard SLA and Gold SLA.
8.1. Standard SLA
- Guaranteed uptime: 99.95% per calendar month.
- Support response time: within 4 hours during business days (office hours) and within 8 hours during weekends or official holidays.
- This SLA is included by default with all standard hosting services.
8.2. Gold SLA
- Guaranteed uptime: 99.99% per calendar month.
- Support response time: within 1 hour, 24/7.
- Gold SLA is available only for selected services and must be purchased separately.
8.3. SLA Exclusions
The SLA does not apply in cases of:
- Scheduled or emergency maintenance announced at least 24 hours in advance.
- Force majeure events, including but not limited to natural disasters, power grid failures, or upstream network outages beyond VDSHERO’s control.
- Service suspension due to policy violation, non-payment, or customer-requested shutdowns.
8.4. SLA Compensation
If uptime falls below the guaranteed level, the Client may request a service credit equal to a percentage of the monthly fee, depending on the actual downtime, capped at one month of service value. Monetary refunds are not provided.
9. Suspension and Termination
VDSHERO reserves the right to suspend or terminate any Service immediately, without notice, in the following cases:
- Violation of the AUP or these Terms;
- Failure to pass required KYC verification;
- Non-payment or chargeback;
- Detection of abuse, fraud, or suspicious activity.
10. Data Protection and Privacy
VDSHERO processes personal data in accordance with the General Data Protection Regulation (GDPR).
Information collected is used solely for the purpose of service delivery, compliance, and fraud prevention.
Please refer to our separate Privacy Policy for details.
11. Governing Law and Jurisdiction
These Terms are governed by and construed under the laws of the European Union and the Republic of Bulgaria (where VDSHERO Ltd. is registered).
All disputes arising from or related to these Terms shall be subject to the exclusive jurisdiction of the competent courts in Sofia, Bulgaria.
12. Amendments
VDSHERO may revise these Terms and the AUP at any time by publishing the updated version on its website.
Continued use of the Services after publication of the updated version constitutes acceptance of the changes.
Contact Information
VDSHERO Ltd.ODRIN STR 15
BURGAS BG 8000
BULGARIA
Email: [hero@vdshero.com]