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 1of1 Servers ("Provider", "We", "Our"). 1of1
Servers includes the website (1of1servers.com) and all other services provided by 1of1
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 1of1 Servers services. 1of1 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 1of1
Servers must be lawful and respect the guidelines of the Terms and Conditions listed
below.
All services provided by 1of1 Servers must be used for lawful purposes only. 1of1
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 1of1 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. 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. 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.
A. VPS Servers & Dedicated Servers: - You must not use your service provided by 1of1 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.
B. Domains: - If your Domain service provided by 1of1 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 1of1 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 1of1 Servers. In
the event of any loss suffered by the customer, the customer agrees to hold 1of1
Servers free from liability such as; Employees and all consumers, directors,
suppliers, claimants and/or anyone associated with 1of1 Servers unless stipulated by
the governing law and direct cause is proven within a Court of Law. 1of1 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
1of1 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 1of1
Servers services. The customer agrees that 1of1 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 1of1
Servers has a direct affiliation and partnership with Project Sloth and all its
offerings. A ban imposed by 1of1 Servers that could disrupt business operations
related to other Project Sloth products will also be enforced.
Acceptable Use Policy
1of1 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:
C. Domains: - 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 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.
Deals and Discounts
All deals and discounts are valid for new customers only and cannot be applied to
existing accounts, services, or renewals. Deals and discounts are available for a
limited time only, as specified in the promotion details. Discounts and promotions are
non-transferable and must be used by the account holder who qualifies for the
promotion. Coupons or promotional codes cannot be shared, sold, or transferred to
other users. The discount applies only to the initial purchase or billing period as
specified in the promotion. Any attempt to exploit, manipulate, or abuse promotional
offers, in example, creating multiple accounts to access new customer deals will
result in the immediate suspension or termination of services.
Security
You must not share your account details with any other individual or organisation. As
you are prevented from sharing account details, 1of1 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 1of1 Servers, we may suspend or terminate your
service and bar you from ordering services from 1of1 Servers in future. Further, you
must not use your services to exploit flaws in 1of1 Servers software or hardware, or
the software or hardware of other internet services. All flaws and potential exploits
within 1of1 Servers hardware or software must be reported via a ticket in the billing
panel upon discovery. We take responsibility for wiping all data and drives before
assigning the server to a new customer. However, it is ultimately the customer
responsibility to ensure that all data has been completely erased before returning or
discontinuing use of the server.
Payment, Refunds, Disputes
A. Payments: - You must not use your service provided by 1of1 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 1of1 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 1of1 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: - 1of1 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 1of1 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: - Invoices are generated 15 days prior to your due date. You will receive an email
notification when the invoice is created.
- 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.
- A late fee of 15% will be applied to overdue invoices. If the calculated late fee is
below $10.00, a minimum late fee of $10.00 will be charged.
- 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, regardless of its origin (initiated by 1of1 Servers or by you), does not
exempt you from the responsibility to pay current, past due or future bills in full and on time.
- 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
all 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.
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 and disconnected. If your invoice is not paid after 24
hours after your due date, we will terminate your services and you will lose all
data stored. VPS that are terminated cannot be recovered or reinstated.
- Dedicated Servers: If you fail to submit payment by the invoice due date, your
service will be suspended and disconnected immediately. If your invoice is not paid
after 24 hours after your due date, we will terminate your services and you will
lose all data stored.
- All other services: Payment for your invoice must be made by the due date. Failure
to do so will result in the suspension of your services. If invoice remains unpaid
after 24 hours, Services will be terminated and you will loss all data stored.
D. Price Increases: - In the event of a price increase, we will try to give one billing cycles notice.
typically amounting to 30 days, to adjust. We will notify you of any price changes
via email. We reserve the right to adjust listed prices and modify the resource
allocations for plans at any time. You may not be eligible for newly added resources
unless you purchase a new server.
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.
Privacy
Solely for security purposes, the 1of1 Servers website stores access logs with details
for every visitor, including information such as your browser details and your
internet-protocol ("IP") address. The 1of1 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 1of1 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
1of1 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 1of1 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
1of1 Servers tries to reply to all support tickets created within three (3) hours
placed within your client portal or Discord. In most cases, we can guarantee a
complete resolution of each support ticket within five (2-3) days, with the exception
of certain extenuating circumstances, listed below but not limited to:
- Newly discovered and not previously resolved game bugs on our systems.
- DDoS Protection Filter Updates.
- Partnership applications.
- Job applications.
- Legal proceedings.
- Any other special circumstances communicated by our team.
Formal Enquiries
All formal enquiries, including those of a legal nature, should be directed to:
- Address: 8350 NW 52nd Ter Suite 301 # 1056 Miami, FL 33166
- Phone: (786) 509-7097
- Email: [email protected]