LibertyVPS is a free-speech host. This means we provide services for people who’ve faced censorship, discrimination and pressure.
We in no case support, advocate or allow illegal activity and will do anything to prevent this. Our company works closely with CERT, provider and Law Enforcement to prevent illicit activty. By purchasing our products you agree with our Terms of Service.
Terms of Service
The use of Offshore VPS services from LibertyVPS constitutes an agreement by the customer to the terms outlined below.
The initial service term of the agreement shall begin on the date that LibertyVPS generates an e-mail message announcing the activation of the account (the “Service Commencement Date”) and shall continue either monthly or annually depending on the term picked by the customer. Upon expiration of the initial term, this agreement shall automatically renew for the same length as the initial term unless LibertyVPS or the customer provides the other with written notice of non-renewal at least one (1) days prior to the expiration of the initial term or the then-current renewal term, as applicable. The initial term and any renewal term may be referred to collectively in this agreement as the “Term.”
LibertyVPS does not allow the use of services for illegal activities. This includes hosting of copyrighted material, nulled scripts, or anything that is considered illegal under The Netherlands law. A suspension leading up to termination will be imposed for a breach of these terms. While we strive to accommodate all types of customers your offshore vps may not be used for the following:
- Child Porn
- Sending of unsolicited Email (SPAM)
- Anything related to a botnet or malware
- Human and Animal Pain
Furthermore the end user is solely responsible for all files on their offshore vps whether the client had knowledge of the files or not. It is the responsibility of the client to ensure their system is secured and safe from compromise. If a system is found out to be compromised LibertyVPS has the right to reload the offshore vps to a default OS after ample time has been given to make backups.
You may not engage in illegal, abusive, or irresponsible behavior, including:
- Unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures (including those belonging to LibertyVPS and its customers) without express authorization of the owner of the system or network;
- Monitoring data or traffic on any network or system without the authorization of the owner of the system or network;
- Interference with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks;
- Use of an Internet account or computer without the owner’s authorization, including, but not limited to Internet scanning (tricking other people into releasing their passwords), password robbery, security hole scanning, and port scanning;
- Forging of any TCP-IP packet header or any part of the header information in an e-mail or a newsgroup posting; or
- Any conduct that is likely to result in retaliation against the LibertyVPS’s network.
- Use of LibertyVPS’s network in a way that unreasonably interferes with LibertyVPS’s other customers use of the network
Spam & Mass Email Policy
Under no circumstance may any LibertyVPS services be used to send unsolicited Email. Mass Emailing is strictly forbidden for any purpose without prior approval by a senior administrator. Mass mailing is defined in this agreement as sending more than 100 emails within a 60 minute period for a single IP. Any user found to be in violation of this policy will have their service suspended or terminated without notice. If a blacklisting occurs while an IP address is under a user’s control their service will be immediately and permanently suspended. An administrative fee for 25EUR will also be applied to the account on file to cover the costs for cleaning up the IP space and dealing with complaints. An additional 50EUR per hour charge will also be added to this fee for any time spent past the first hour. If you think you will be sending more than 100 emails per hour contact us first, we will work with you as long as it is legitimate.
Backups and Data Loss
Your use of the LibertyVPS Virtual Private Servers is at your sole risk. LibertyVPS is not responsible for any and all files and data residing on your account on our servers. LibertyVPS does not maintain backup copies of customers web sites or e-mail. LibertyVPS cannot guarantee that the contents of a vps will never be deleted or corrupted, or that a backup of a remote desktop will always be available. You agree to take full and sole responsibility for any and all files and data transferred to our servers and to maintain all appropriate backups of any any and all files and data stored on any LibertyVPS server to which you have an account on.
For your privacy, all data and files from terminated and canceled accounts are immediately deleted and purged from our servers. This includes any and all back ups. Please make sure to back up all your files and data before canceling your LibertyVPS account.
It is the responsibility of the client to take reasonable security precautions in protecting their login information to their services and the LibertyVPS billing area. It is always the client’s responsibility to ensure security of their offshore vps service, LibertyVPS is not responsible for compromised scripts or servers.
Fair Share CPU – Our virtual private server plans are based on the fair share CPU methodology. Because this resource is shared there is a limit to the amount of time you may monopolize the available CPU resources of your Desktop. If your VPS continually exceeds a load of 10 we may ask you to upgrade your desktop to the next plan. If your VPS exceeds a load of 25 for an extended period of time we reserve the right to suspend or restart it without warning. In order to maintain a high level of service for our fair share customers we do not allow the use of game servers, bots, or anything that utilizes a high amount of CPU on a nonstop basis such a [email protected] or other similar applications. Users that are found to be breaking these rules will be suspended or hard limited to prevent CPU abuse.
Changes to LibertyVPS Network
Upgrades and other changes in LibertyVPS’s network, including, but not limited to changes in its software, hardware, and service providers, may affect the display or operation of Customer’s hosted content and/or applications. LibertyVPS reserves the right to change its network in its commercially reasonable discretion, and LibertyVPS shall not be liable for any resulting harm to Customer.
Fees are payable in advance on the first day of each billing cycle. Customer’s billing cycle shall be monthly or annually as indicated on their order, beginning on the service commencement date. LibertyVPS may require payment for the first billing cycle before beginning service. If the order provides for credit/debit card billing, customer authorizes LibertyVPS to bill subsequent fees to the credit/debit card on or after the first day of each successive billing cycle during the term of this agreement; otherwise LibertyVPS will invoice customer via electronic mail to the primary customer contact listed on the order. Invoiced fees may be issued on or before the 1st day of each billing cycle, and the fees shall be due no later than the due date, but in no event earlier than the first day of each billing cycle. Payments must be made in United States dollars. The customer is responsible for providing LibertyVPS with changes to billing information (such as credit card expiration, change in billing address). At its option, LibertyVPS may accrue charges to be made to a credit/debit card until such charges exceed 10 EUR. LibertyVPS may charge interest on overdue amounts at the lesser of 1.5% per month or the maximum non-usurious rate under applicable law. LibertyVPS may suspend the service without notice if payment for the service is overdue. Fees not disputed within sixty (60) days of due date are conclusively deemed accurate. Customer agrees to pay LibertyVPS’s reasonable reinstatement fee following a suspension of service for non-payment, and to pay LibertyVPS’s reasonable costs of collection of overdue amounts, including collection agency fees, attorney fees and court costs.
- Fee Increases: LibertyVPS may increase its fees for services effective the first day of a renewal term by giving notice to the customer of the new fees at least forty five (45) days prior to the beginning of the renewal term, and if the customer does not give a notice of non-renewal as provided in Section 2 above, the customer shall be deemed to have accepted the new fee for that renewal term and any subsequent renewal terms (unless the fees are increased in the same manner for a subsequent renewal term).
- Early Termination: Customer acknowledges that the amount of the fee for the service is based on customer’s agreement to pay the fee for the entire initial term, or renewal term, as applicable. In the event LibertyVPS terminates the agreement for customer’s breach of the agreement in accordance with Section 12 (Termination), or customer terminates the service other than in accordance with Section 12 (Termination) for LibertyVPS’s breach, the unpaid fees for each billing cycle remaining in the initial term or then-current renewal term, as applicable, are due on the business day following termination of the Agreement.
Customer represents and warrants to LibertyVPS that the information he, she or it has provided and will provide to LibertyVPS for purposes of establishing and maintaining the service is accurate. If the customer is an individual, the customer represents and warrants to LibertyVPS that he or she is at least 18 years of age. LibertyVPS may rely on the instructions of the person listed as the primary customer contact on the order with regard to customer’s account until customer has provided a written notice changing the primary customer contact.
Customer agrees to indemnify and hold harmless LibertyVPS, LibertyVPS’s affiliates, and each of their respective officers, directors, agents, and employees from and against any and all claims, demands, liabilities, obligations, losses, damages, penalties, fines, punitive damages, amounts in interest, expenses and disbursements of any kind and nature whatsoever (including reasonable attorneys fees) brought by a third party under any theory of legal liability arising out of or related to the actual or alleged use of customer’s services in violation of applicable law or the Terms of Service by customer or any person using customer’s log on information, regardless of whether such person has been authorized to use the services by customer.
Disclaimer of Warranties
LibertyVPS DOES NOT WARRANT OR REPRESENT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE. TO THE EXTENT PERMITTED BY APPLICABLE LAW LibertyVPS DISCLAIMS ANY AND ALL WARRANTIES INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. TO THE EXTENT PERMITTED BY APPLICABLE LAW, ALL SERVICES ARE PROVIDED ON AN “AS IS” BASIS.
Limitation of Damages
NEITHER PARTY SHALL BE LIABLE TO THE OTHER FOR ANY LOST PROFITS, OR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE LOSS OR DAMAGE OF ANY KIND, OR FOR DAMAGES THAT COULD HAVE BEEN AVOIDED BY THE USE OF REASONABLE DILIGENCE, ARISING IN CONNECTION WITH THE AGREEMENT, EVEN IF THE PARTY HAS BEEN ADVISED OR SHOULD BE AWARE OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING ELSE IN THE AGREEMENT TO THE CONTRARY, THE MAXIMUM AGGREGATE LIABILITY OF LibertyVPS AND ANY OF ITS EMPLOYEES, AGENTS OR AFFILIATES, UNDER ANY THEORY OF LAW (INCLUDING BREACH OF CONTRACT, TORT, STRICT LIABILITY, AND INFRINGEMENT) SHALL BE A PAYMENT OF MONEY NOT TO EXCEED THE AMOUNT PAYABLE BY CUSTOMER FOR THREE MONTHS OF SERVICE.
Suspension & Termination
Suspension of Service: Customer agrees that LibertyVPS may suspend services to the customer without notice and without liability if: (i) LibertyVPS reasonably believes that the services are being used in violation of the Terms of Service; (ii) Customer fails to cooperate with any reasonable investigation of any suspected violation of the Terms of Service; (iii) LibertyVPS reasonably believes that the suspension of service is necessary to protect its network or its other customers, or (iv) as requested by a law enforcement or regulatory agency. Customer shall pay LibertyVPS’s reasonable reinstatement fee if service is reinstituted following a suspension of service under this subsection.
Termination: The Agreement may be terminated by Customer prior to the expiration of the initial term or any renewal term without further notice and without liability if LibertyVPS fails in a material way to provide the service in accordance with the terms of the Agreement and does not cure the failure within ten (10) days of Customer’s written notice describing the failure in reasonable detail. The agreement may be terminated by LibertyVPS prior to the expiration of the initial term or any renewal term without further notice and without liability as follows: (i) upon four (4) days notice if Customer is overdue on the payment of any amount due under the agreement; (ii) Customer materially violates any other provision of the agreement, including the Terms of Service, and fails to cure the violation within three (3) days of a written notice from LibertyVPS describing the violation in reasonable detail; (iii) upon one (1) days notice if Customer’s service is used in violation of a material term of the AUP more than once, or (iv) upon one (1) days notice if Customer violates Section (Customer Information) of this agreement. Either party may terminate this agreement upon three (3) days advance notice if the other party admits insolvency, makes an assignment for the benefit of its creditors, files for bankruptcy or similar protection, is unable to pay debts as they become due, has a trustee or receiver appointed over all or a substantial portion of its assets, or enters into an agreement for the extension or readjustment of all or substantially all of its obligations.
Request for Customer Information
Customer agrees that LibertyVPS may, without notice to Customer, (i) report to the appropriate authorities any conduct by Customer or any of Customer’s customers or end users that LibertyVPS believes violates applicable law, and (ii) provide any information that it has about Customer or any of its customers or end users in response to a formal or informal request from a law enforcement or regulatory agency or in response to a formal request in a civil action that on its face meets the requirements for such a request.
At LibertyVPS we do not tolerate abusive behavior toward our company or staff. If a customer continues to act in an abusive way toward our staff or company after a warning all active services will be suspended and communication with the customer terminated without refund.
Disputes & Chargebacks
By threatening to and\or opening a dispute for payments made to LibertyVPS all communication from LibertyVPS will cease and active services will be permanently suspended. Once a dispute is threatened or opened LibertyVPS will only communicate with the customer via options provided by the payment provider or by certified postal mail. All services and payments will be forfeited regardless of the outcome of the dispute.
LibertyVPS shall not be in default of any obligation under the Agreement if the failure to perform the obligation is due to any event beyond LibertyVPS’s control, including, without limitation, significant failure of a portion of the power grid, significant failure of the Internet, natural disaster, war, riot, insurrection, epidemic, strikes or other organized labor action, terrorist activity, or other events of a magnitude or type for which precautions are not generally taken in the industry.
Governing Law & Disputes
The Agreement shall be governed by the laws of The Netherlands, as applicable. The agreement shall not be governed by the United Nations Convention on the International Sale of Goods.
Each party acknowledges and agrees that the other party retains exclusive ownership and rights in its trademarks, service marks, trade secrets, inventions, copyrights, and other intellectual property. Neither party may use the other party’s name or trade mark without the other party’s prior written consent. The parties intend for their relationship to be that of independent contractors and not a partnership, joint venture, or employer/employee. Neither party will represent itself to be agent of the other. Each party acknowledges that it has no power or authority to bind the other on any agreement and that it will not represent to any person that it has such power or authority. This Agreement may be amended only by a formal written agreement signed by both parties. The terms on Customer’s purchase order or other business forms are not binding on LibertyVPS unless they are expressly incorporated into a formal written agreement signed by both parties. A party’s failure or delay in enforcing any provision of the Agreement will not be deemed a waiver of that party’s rights with respect to that provision or any other provision of the Agreement. A party’s waiver of any of its right under the Agreement is not a waiver of any of its other rights with respect to a prior, contemporaneous or future occurrence, whether similar in nature or not. The captions in the Agreement are not part of the Agreement, but are for the convenience of the parties. The following provisions will survive expiration or termination of the Agreement: Fees, indemnity obligations, provisions limiting liability and disclaiming warranties, provisions regarding ownership of intellectual property, these miscellaneous provisions, and other provisions that by their nature are intended to survive termination of the Agreement. There are no third party beneficiaries to the Agreement. Neither insurers nor the customers of resellers are third party beneficiaries to the Agreement. Customer may not transfer the Agreement without LibertyVPS’s prior written consent. LibertyVPS’s approval for assignment is contingent on the assignee meeting LibertyVPS’s credit approval criteria. LibertyVPS may assign the Agreement in whole or in part.