General Terms of Service & Acceptable Use Policy

General Terms of Service & Acceptable Use Policy

Last Updated: 10 March 2025
Status: Website‑posted (not separately signed).
Acceptance: By accessing or using any of our Services, you agree to these General Terms and the Acceptable Use Policy (AUP). If you do not agree, do not use the Services.

Related Website Documents: Privacy, Data Collection & Data Protection Policy (the “Privacy Policy”).

1. Overview & Order of Precedence

These General Terms govern your access to and use of our dedicated server services (the Services). The AUP below is part of these Terms and applies to all use. The Privacy Policy covers privacy and data protection. If there is a conflict: (a) a signed order form or mutually executed agreement, if any, controls; otherwise (b) these General Terms control over the AUP and any marketing pages; and (c) the AUP controls where it is more protective or restrictive for security or lawful use.

2. Definitions

Provider / “we” / Techtomize ltd: The hosting provider operating the infrastructure that delivers the Services.
Customer / “you”: Any entity or person purchasing or using the Services.
Services: Our dedicated server hosting services, including hardware lease, network connectivity, power, and basic hardware support, plus any published add‑ons.
Customer Content: Data, software, content, and materials uploaded, stored, transmitted, or otherwise processed by you using the Services.
Third‑Party Services/Content: Software, data, hardware, or services supplied by third parties.
Confidential Information: Non‑public, proprietary, or confidential information disclosed by one party to the other.
Personal Data: Information relating to an identified or identifiable person under applicable law.
Business Day: Any day other than a weekend or public holiday in [Primary Support Time Zone].

3. Service Description & Delivery

3.1 Provisioning = Delivery. Delivery occurs when we provision the ordered server(s) and make credentials or access details available, whether or not you begin using them immediately.
3.2 Scope. Unless an add‑on says otherwise, we do not manage your operating system, applications, or data. You control configuration, users, and software on the server.
3.3 Feature Changes. We may modify non‑material features. If a change materially reduces core functionality you reasonably rely on, you may cancel the affected Service before the change takes effect.
3.4 Planned Maintenance. We provide reasonable advance notice for planned maintenance that may affect availability; emergency work may occur without prior notice.

4. Support & Service Levels

4.1 Uptime Target. We target 99.5% monthly network and power uptime, excluding: (a) scheduled maintenance; (b) events caused by you or your vendors/software; (c) force majeure (Section 17).
4.2 Support Channels. Hardware and network support is available via email/ticket/portal during published hours. We do not access or manage Customer Content or your OS/applications.
4.3 Service Credits (if offered). Any uptime/service credits are described on our Website and are your sole remedy for service level issues.
4.4 No Access to Your Data. We do not have routine access to Customer Content and cannot assist with OS/app configuration or data recovery unless expressly contracted.

5. Accounts, Access & Your Responsibilities

5.1 Account Accuracy. You must keep billing, administrative, and abuse‑contact details current.
5.2 Authorized Use. You are responsible for all activity under your account, including by your personnel, contractors, and end‑customers.
5.3 Security & Configuration. You must secure and maintain your servers, software, and data (see Privacy Policy §4), including access controls, encryption, patching, monitoring/logging, firewalls, backups, and incident response.
5.4 Licenses & Compliance. You must obtain and maintain required software licenses and comply with applicable laws and third‑party rights.
5.5 Cooperation. You agree to reasonably cooperate with our support/abuse teams to investigate or remediate issues.

6. Resource Policies (IP Addresses, Bandwidth, Fair Use)

6.1 IP Addresses. IPs remain our property or that of our suppliers. We license them to you for the service term; they must be returned on termination. We may reassign or null‑route IPs to protect network health or comply with law.
6.2 Bandwidth & Traffic. Plans may include metered or unmetered bandwidth. Excess usage may incur overage fees per published rates. We may rate‑limit or shape traffic that threatens network stability.
6.3 Fair Use. You must not consume resources in a manner that unreasonably degrades the Services for others (e.g., abusive scanning, amplification abuse, excessive connection attempts), even if not explicitly listed in the AUP.

7. Fees, Billing, Taxes & Refunds

7.1 Fees & Billing. Setup and recurring fees are billed in advance as shown at order/invoice. Prices are exclusive of taxes and duties.
7.2 Payment Terms. Payment is due on the invoice due date. No service is provided until payment is received.
7.3 Late Payment & Suspension. If unpaid 7 days after the due date, Services may be suspended. If still unpaid 7 days after suspension, we may permanently delete all associated data.
7.4 Auto‑Renewal & Cancellations. Services auto‑renew unless cancelled before renewal via the portal or in writing.
7.5 Chargebacks. Initiating a chargeback may result in immediate suspension; you remain responsible for undisputed amounts.
7.6 Refunds. Refunds are issued only for billing errors or where we explicitly publish a refund policy.

8. Term, Termination & Effects

8.1 Term. Services commence on provisioning and continue month‑to‑month (or as specified for your plan).
8.2 Termination by You. You may terminate any time effective at the end of the current billing cycle unless otherwise stated.
8.3 Suspension/Termination by Us. We may suspend or terminate immediately for AUP or law violations, non‑payment, actions that threaten our network/others, or legal/regulatory demands.
8.4 Effect. You must stop using the Services and retrieve your data before termination; we do not keep backups and may delete remaining data immediately. Sections intended to survive (IP, confidentiality, indemnity, limitations) survive.

9. Subcontractors

We may use subcontractors (e.g., data centers, carriers). We remain responsible for their infrastructure services supporting our obligations.

10. Confidentiality & Intellectual Property

10.1 Confidentiality. Each party must protect the other’s Confidential Information and use it only to fulfill obligations related to the Services.
10.2 Our IP. We retain all rights in the Services, network, and related materials. You receive a limited right to use the Services as permitted; no reverse engineering, sublicensing, or redistribution.
10.3 Your Content. You retain ownership of Customer Content. We do not access, view, or use it except as necessary to operate infrastructure or as required by law.

11. Legal Compliance & Law Enforcement

11.1 Compliance. You are solely responsible for complying with laws and third‑party rights.
11.2 Export & Sanctions. You and your end‑users may not use the Services in embargoed countries, for prohibited end‑uses, or if you are listed on sanctions lists.

12. Backups & Data Management

We do not maintain backups of Customer Content. You are solely responsible for implementing, testing, and maintaining backups and for secure storage and restoration.

13. Warranties, Disclaimers & Limitation of Liability

13.1 No Warranties. The Services are provided “as is” and “as available,” without warranties of merchantability, fitness for a particular purpose, non‑infringement, or uninterrupted/error‑free operation.
13.2 Limitation. Our total liability for all claims relating to the Services is capped at the fees you paid for the Services in the one (1) month before the event giving rise to liability.
13.3 No Indirect Damages. We are not liable for indirect, consequential, punitive, or special damages; loss of profits, revenue, goodwill, or data; third‑party claims; or events beyond our reasonable control.

14. Indemnification

You will indemnify and hold harmless us, our affiliates, personnel, and providers from claims, losses, liabilities, costs, and expenses (including reasonable legal fees) arising from: (a) your use or misuse of the Services; (b) your violation of law or these Terms/AUP; (c) Customer Content; (d) third‑party or regulatory claims; or (e) security incidents or data breaches involving your environment.

15. Notices & Communications

We may provide notices by email to your account contacts or via the portal/Website. You must maintain accurate contacts and regularly review notices.

16. Assignment, Severability, No Waiver

You may not assign these Terms without our prior written consent (not to be unreasonably withheld). If any provision is unenforceable, the remainder remains in effect. Our failure to enforce a provision is not a waiver.

17. Force Majeure

We are not liable for delays or failures caused by events beyond our reasonable control (e.g., natural disasters, war, terrorism, civil unrest, labor actions, internet/power failures, governmental actions).

18. Governing Law & Dispute Resolution

These Terms are governed by the laws of Republic of Seychelles. Disputes will be addressed through good‑faith negotiation, then mediation, and, if unresolved, binding arbitration under the rules of Republic of Seychelles. Courts in Republic of Seychelles have exclusive jurisdiction for enforcement.

19. Updates to These Terms

We may update these Terms from time to time. Each version is dated on the Website. Material changes will be highlighted. Your continued use of the Services after an update constitutes acceptance. If you do not agree, stop using the Services.

Acceptable Use Policy (AUP)

Purpose: To protect the integrity, security, and lawful use of our network and Services. This AUP applies to all Customers and users.

A) Prohibited Activities (Examples, Not Exhaustive)

Illegal Activities: Violating any law; distributing unlawful content (e.g., child exploitation, pirated software); operating unlawful gambling; facilitating money laundering or terrorism.
Security Violations: Unauthorized access; credential stuffing; brute force; exploiting vulnerabilities; distributing/controlling malware, ransomware, botnets, or remote‑access trojans; running open proxies/relays used for abuse.
Network Abuse: DDoS participation, amplification attacks, packet flooding, reflection, traffic spoofing, excessive port scanning beyond your own assets, or intentionally misconfigured services causing abuse.
Email & Messaging Abuse: Sending unsolicited bulk or deceptive messages; failing to honor opt‑outs; lacking proper consent/records; misusing lists; forging headers; operating open SMTP relays.
Prohibited/Restricted Content: Infringing IP; threats, harassment, incitement; hate speech; doxxing; defamatory content; unlawful adult/exploitative content; promotion of illegal drugs or counterfeit/illegal goods/services.
Privacy Violations: Collecting, storing, or processing Personal Data in violation of privacy laws; scraping/data harvesting that breaches legal terms or user consent.
Resource Misuse: Excessive consumption degrading the network; cryptomining that destabilizes shared infrastructure; deliberate attempts to bypass technical restrictions.
Other Harmful Conduct: Fraud, deceptive practices, interference with or overloading of the Services, or violating/circumventing regulatory or contractual obligations.

B) Security & Abuse Handling

Reporting Channels: Report suspected abuse to the address published on our Website; we also act on third‑party or law‑enforcement notifications.
Notice & Plan: We generally notify you of alleged violations (typically by email). You must acknowledge and provide a remediation plan within one (1) Business Day.
Resolution Window: You must remediate within five (5) Business Days. Severe violations (e.g., active attacks, child exploitation, serious security incidents) may require immediate action.
Emergency Actions: We may suspend, null‑route, rate‑limit, or terminate services immediately to protect the network or comply with law, with or without prior notice.

C) Email Best Practices (Required for Bulk Senders)

Use verifiable opt‑in and maintain proof of consent; include a functional unsubscribe.
Configure SPF, DKIM, and DMARC; maintain valid reverse DNS; monitor IP/domain reputation.
Honor unsubscribes within 48 hours; do not re‑subscribe without consent.
Keep complaint rates within industry‑accepted thresholds.

D) Consequences & Liability

Violations of this AUP may result in warning, suspension, traffic shaping, IP reassignment, or termination. You are responsible for all resulting costs, damages, and liabilities, and you agree to indemnify us for AUP‑related claims (see Section 14 – Indemnification).

Relationship to Other Website Documents

Privacy Policy: Governs privacy, data collection, and data protection.
General Terms (this document): Sections 1–19.
AUP (this document): Sections A–D.
In case of conflict between this AUP and the General Terms, the more protective/restrictive provision for security and lawful use applies.