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Terms of Service

This is a translation of the Chinese terms. If the two versions differ, the Chinese version prevails.

Chapter 1. General Provisions

Article 1. Acceptance of These Terms

  1. These Terms of Service ("these Terms") are issued by iVPSer 登云科技 ("the Company", "we" or "us") and apply to all services the Company provides to users.
  2. By registering an account, purchasing a service or continuing to use a service, the user is deemed to have read, understood and agreed to these Terms.

Article 2. Definitions

In these Terms:

  1. Service means the cloud servers (VPS), the control panel (cp.ivpser.com) and related services provided by the Company.
  2. User means any individual or organization that registers an account with the Company, or purchases or uses a Service.
  3. Control panel means the server management platform cp.ivpser.com, through which users purchase, renew, manage and delete servers.
  4. Account balance means prepaid funds in the user's account that can be used to pay for Services, together with amounts refunded to it under these Terms.
  5. Linode data centers means the product line whose infrastructure is provided by Linode (Akamai).
  6. Premium Regions (精品机房) means the product line the Company offers in the control panel under the name "Premium Regions".
  7. Global Regions (全球机房) means the product line the Company offers in the control panel under the name "Global Regions".
  8. Provisioning time means the time at which a server is successfully provisioned, as recorded in the control panel.
  9. Deletion means the user deleting or destroying a server.
  10. Current month means, for Linode data centers and Global Regions, the calendar month in which the server is deleted (these services normally expire at the end of a month); and, for Premium Regions, the current billing period starting on the provisioning date.

Article 3. Description of the Services

  1. The Company is a Linode (Akamai) partner. Servers run on infrastructure from Linode (Akamai), our Global Regions and data centers we operate with partners. The Company handles sales, billing, the control panel and technical support.
  2. The Company provides pre-sales support, ticket support and support for faults of the server itself, in English and Chinese. The Company does not undertake to build websites, provide managed operations, install control panels or maintain the user's business software.
  3. Pre-installed software and available operations for a newly provisioned server depend on the selected image and on what the control panel shows.

Chapter 2. Accounts

Article 4. Account Security

  1. The user is fully responsible for the security of the user's email address, phone number and password, and for all activity carried out under the user's account.
  2. If the user transfers or authorizes others to use the user's email address, phone number or password without permission, the user bears all resulting consequences.

Article 5. Direct Customers and Service Transfers

  1. The Company serves direct customers only and has not authorized any purchasing agents or any purchase by a third party for transfer to another user. Any issue arising from such an arrangement is deemed to have been caused, actively or passively, by the purchaser (the direct customer).
  2. Services cannot be transferred to another account.

Chapter 3. Billing, Renewal and Expiry

Article 6. Billing

Prices, billing methods and service periods for each product line are as shown on the purchase page of the control panel.

Article 7. Renewal and Expiry

  1. A Service that is not renewed is deleted at 22:00 (UTC+8) on its expiry date.
  2. Unavailability or data loss caused by overdue payment, non-renewal or forgotten renewal is handled under Article 22.

Chapter 4. Refunds

Article 8. Linode Data Centers

This Article applies to Linode data centers only.

  1. When the user deletes a server, prepaid full months that have not yet started are refunded in full.
  2. The remaining days of the current month are refunded by the day. The day of deletion counts as a day used, and any part of a day counts as a full day.
  3. This Article applies whenever the user deletes the server after the provisioning time. No handling fee is charged and there is no time limit.
  4. All Linode refunds are made to the account balance and are not returned to the original payment method.

Article 9. Premium Regions

This Article applies to Premium Regions only.

  1. Prepaid full months that have not yet started are refunded in full whenever the user deletes the server.
  2. Current month:
    1. If the server is deleted within 48 hours of the provisioning time, the unused days of the current month are refunded pro rata, less a CNY 20 handling fee. If the pro-rated amount is less than CNY 20, the current month is not refunded.
    2. If the server is deleted more than 48 hours after the provisioning time, the current month is not refunded.
  3. All Premium Regions refunds are made to the account balance.

Article 10. Global Regions

This Article applies to Global Regions only.

  1. When the user deletes a server, prepaid full months that have not yet started are refunded in full.
  2. The remaining days of the current month are refunded by the day. The day of deletion counts as a day used, and any part of a day counts as a full day.
  3. This Article applies whenever the user deletes the server after the provisioning time. No handling fee is charged and there is no time limit.
  4. The daily rate is slightly higher than one-thirtieth of the monthly price. As a result, if the server is deleted in the last few days of the month, the refundable amount for the current month may be zero.
  5. All Global Regions refunds are made to the account balance and are not returned to the original payment method.

Article 11. Refund Method and Balance Withdrawals

  1. All refunds under this Chapter are made to the account balance. The fee described in the following paragraph applies only when the user withdraws the account balance to the original payment method.
  2. Each withdrawal from the account balance must be at least CNY 10. The fee is 1% of the withdrawal amount plus CNY 5, with no separate minimum fee.

Article 12. Non-Refundable Cases and Additional Charges

  1. No refund is given in any of the following cases:
    1. abusive trials, or violation of Article 4, Article 5 or Article 13;
    2. the server receives DDoS attack traffic, is compromised, or sends attacks or spam, and the user is at fault, or fails to resolve the problem within a reasonable time after being notified by the Company;
    3. at the time of the refund, one or more of the server's IP addresses are found to be blocked or disrupted in China.
  2. If, at the time of the refund request, the system has been reinstalled 20 or more times within that calendar month, this is treated as abusive reinstallation and an additional CNY 10 handling fee is deducted.
  3. If the user requests a refund and repurchases three or more times within a calendar month, the Company may treat this as abusive purchasing and refuse refunds.

Chapter 5. Acceptable Use

Article 13. Prohibited Conduct

The user shall not use the Services to:

  1. host content prohibited by the laws of China, the United States, Japan or the country where the service is located, including but not limited to illegal gambling and content that facilitates crime;
  2. host or promote obscene, pornographic or child sexual abuse material, including but not limited to displaying such websites through a reverse proxy;
  3. provide public or resold proxy services (including VPN or any other proxy service), or use a proxy to evade regulation or for abuse; a proxy used only by the user personally is permitted;
  4. send attack traffic inside or outside the network, perform ARP attacks or ARP hijacking, scan, brute-force, or interfere with the normal operation of other users or nodes;
  5. send spam email or spam messages (comments, posts), or distribute trojans or viruses (including linking to malicious files on other servers);
  6. use or bind IP addresses that are not assigned to the user's own service;
  7. host content that infringes copyright or trademarks (pirated or counterfeit material);
  8. host websites or programs that commonly attract DDoS attacks (including private game servers, pharmaceuticals, political content and game cheats).

Article 14. Use of Resources

  1. The user shall not use large amounts of bandwidth for extended periods or run software that degrades network performance, including but not limited to PT/BT, Thunder and eMule downloads.
  2. The user shall not use large amounts of disk I/O for extended periods or run software that affects server stability, including but not limited to dd disk tests, disk scanning and antivirus software.
  3. The user shall not use large amounts of CPU for extended periods or run software that affects server performance, including but not limited to CPU benchmarks and video transcoding.
  4. In this Article, "extended period" means more than 2 hours. Violations are handled under Article 17.

Article 15. System Reinstallation

Each cloud server may be reinstalled 5 times per calendar month. Resetting the reinstallation counter costs CNY 15.

Article 16. IP Address Changes

IP addresses are shared public resources and may have been used by others. Within 3 days of activation, the user may describe a problem and request an IP change, which the Company handles case by case. No changes are made after 3 days.

Chapter 6. Violations, Suspension and Termination

Article 17. Handling of Violations

  1. If a server continuously uses host resources heavily (a single CPU core above 70%, or high disk read/write throughput or IOPS) for 2 hours or more, the system shuts the service down automatically. Repeated occurrences cause the system to lock the service automatically, and the user must contact support.
  2. Outbound scanning for weak passwords or open ports that is detected or reported: the service is locked until it expires.
  3. Using or maliciously binding another party's IP addresses: the service is locked until it expires.
  4. Copyright (piracy) complaints from the data center or rights holders: the service is locked until it expires.
  5. Complaints about outbound spam email or spam messages: the service is locked until it expires.
  6. Providing public or resold proxy services, or using a proxy to evade regulation or for abuse: the service is suspended until it expires. A proxy used only by the user personally is permitted.
  7. Large DDoS attacks (received or sent): the IP address is null-routed for 48 hours and the service is locked until it expires.
  8. Internal network attacks or ARP hijacking: the service is locked until it expires.
  9. If one server under an account receives a serious complaint such as phishing or fraud, or more than one server under the account receives complaints, the Company may take action against all services under the account as circumstances require, including but not limited to locking them until expiry or terminating them immediately (deletion without a backup window).

If a server is attacked or compromised, or sends attacks, spam email or spam messages, the Company may immediately isolate, null-route or suspend the server as a temporary stop-loss measure, whether or not the user is at fault.

Locking a service until it expires under items 2 to 5, 7 and 8 of this Article applies only if the user is at fault, or fails to resolve the problem within a reasonable time after being notified by the Company. After investigation, whether a refund is given and whether the service is restored depends on fault: if the user is at fault or did not resolve the problem in time after notice, no refund is given and the service is handled under this Article; if the user is not at fault and resolved the problem promptly, the Company restores the service, and any refund request is handled under Chapter 4.

Unless otherwise provided, wherever a service is "locked until it expires" under this Article, the user is given 1 to 2 hours to back up data. The service is then locked automatically and deleted automatically when it expires.

Article 18. Refusal of Service

If the user verbally abuses the Company's support staff, the Company may issue a refund and refuse further service.

Chapter 7. Data and Backups

Article 19. Data Backups

  1. Cloud servers do not include redundant data backups. The user shall maintain the user's own off-site backups.
  2. If a disaster-level failure causes data loss, the Company compensates one month of service on the same plan but is not liable for the value of the user's data. In this paragraph, "disaster-level failure" means data loss caused by a server disk failure.

Article 20. Data After Deletion

  1. After a server in the Company's own data centers is deleted, neither its data nor its IP address can be recovered.
  2. Within 5 days after a Linode server is deleted, the user may contact support to repurchase and restore the data, but not the original IP address. The data recovery fee is CNY 30.

Chapter 8. Service Level and Limitation of Liability

Article 21. Service Level Agreement (SLA)

Service availability: 99.9%.

Article 22. Exclusions

The Company is not liable for unavailability or data loss caused by:

  1. overdue payment, non-renewal or forgotten renewal by the user;
  2. the user's own operations or other improper conduct;
  3. website content or usage that violates Article 4, Article 5 or Article 13;
  4. war, armed conflict, strikes, riots, unrest or other major social disruptions;
  5. force majeure, including but not limited to natural disasters such as floods, earthquakes and epidemics, and events such as war, unrest, government action, telecom backbone outages, hacking, network congestion, carrier technical changes and government regulation.

Chapter 9. Privacy and Lawful Cooperation

Article 23. Personal Information

The Company's handling of users' personal information is governed by the Privacy Policy.

Article 24. Lawful Cooperation

When administrative, judicial or other competent authorities request assistance in accordance with laws and regulations, the Company will cooperate and provide the relevant data as required by law, while protecting the user's rights as far as possible.

Chapter 10. Changes to These Terms

Article 25. Changes

  1. The Company may revise these Terms when necessary. When these Terms change, the Company will highlight the changes on key pages.
  2. A user who does not agree with the changes may cancel the services obtained. A user who continues to use the Services is deemed to accept the revised Terms. Changes are deemed accepted 3 days after they are published.

Chapter 11. Supplementary Provisions

Article 26. Language Versions

These Terms are published in Chinese and English. In case of any discrepancy between the Chinese and English versions, the Chinese version prevails.

Article 27. Contact

Users may email admin@ivpser.com or open a ticket in the control panel.