Terms and Conditions

Last Updated: May 27, 2025

Welcome to VPSPulse, a Canadian provider of Virtual Private Server (VPS), Shared Hosting, and Dedicated Server hosting services. By accessing or using our services, you agree to be bound by these Terms and Conditions ('Terms'). These Terms form a legally binding agreement between you ('Customer,' 'You,' or 'Your') and VPSPulse ('We,' 'Us,' or 'Our'). If you do not agree with these Terms, you must not use our services.

Definitions

• "Services": VPS, Shared Hosting, and Dedicated Server hosting, including server resources, management tools, and optional support provided by VPSPulse.
• "Website": www.vpspulse.com
• "Customer Content": Any data, files, or materials uploaded or hosted by you on our servers.
• "Account": Your registered account for accessing our Services.

Eligibility

To use our Services, you must:

• Be at least 19 years of age or a legally incorporated entity in Canada or another jurisdiction.
• Provide accurate, complete, and current information during account registration.
• Maintain the confidentiality of your account credentials. You are responsible for all activities under your Account.

Acceptable Use Policy

You agree to use our Services in compliance with all applicable Canadian laws, including but not limited to the Criminal Code of Canada, Copyright Act, and provincial regulations. Prohibited activities include:

• Hosting or transmitting illegal content, such as pirated software, defamatory material, or content promoting hate, violence, or discrimination.
• Engaging in activities that disrupt our infrastructure, including but not limited to Distributed Denial of Service (DDoS) attacks, hacking, malware distribution, or spamming.
• Using excessive server resources beyond your plan’s allocation, including for cryptocurrency mining, without prior written consent.
• Attempting unauthorized access to our systems, networks, or other customers’ accounts.

Abuse Reporting:

If we receive a complaint regarding your use of the Services (e.g., DMCA notices, abuse reports), we will notify you via email and may require you to resolve the issue within 48 hours. Failure to comply may result in suspension or termination of your Account without refund. You agree to cooperate fully with our investigation of such complaints.

Violations may result in immediate suspension or termination of your Account without refund, and we may report illegal activities to law enforcement.

Service Description

Scope: We provide VPS, Shared Hosting, and Dedicated Server hosting with specified resources (e.g., CPU, RAM, storage) as outlined in your selected plan. Services include network connectivity and optional technical support.

Availability: Services are provided "as-is" and subject to availability. We may modify or discontinue features with 30 days’ notice via email or our Website.

Uptime: We guarantee 99.9% uptime, excluding scheduled maintenance, as detailed in our Service Level Agreement (SLA) available at [SLA URL or state “on our Website”].

Maintenance: Scheduled maintenance will be announced at least 48 hours in advance. Emergency maintenance may occur with minimal notice.

Custom Configurations and Third-Party Software: You are responsible for managing and securing any custom configurations or third-party software installed on your VPS, Shared Hosting, or Dedicated Server. VPSPulse is not liable for performance issues, security vulnerabilities, or data loss caused by such configurations or software. Any support for third-party software is provided at our discretion and may incur additional fees.

Payment and Billing

• Pricing: All prices are in Canadian Dollars (CAD), exclusive of applicable taxes (e.g., GST/HST).
• Billing Cycle: Payments are due in advance based on your chosen billing cycle (monthly, quarterly, or annually).
• Late Payments: Accounts unpaid 7 days after the due date will be suspended. A late fee of 2% per month (compounded) may apply. Reactivation may incur a $50 fee.
• Refund Policy:
  • New customers are eligible for a 7-day money-back guarantee for VPS and Shared Hosting services only, excluding setup fees, domain registrations, licenses, or add-on services.
  • Dedicated Server services are non-refundable under any circumstances.
  • Refunds are processed within 14 business days and issued to the original payment method.
  • No refunds are provided for renewals, mid-cycle cancellations, domain registrations, licenses, or violations of these Terms.
• Price Changes: We may adjust pricing with 30 days’ notice. Continued use after the effective date constitutes acceptance of new pricing.

Account Suspension and Termination

By You: You may terminate your Account via the customer portal with written notice. No refunds will be issued for partial billing cycles unless within the 7-day guarantee period for VPS or Shared Hosting.

By Us: We may suspend or terminate your Account immediately, without refund, for:

• Non-payment after 7 days.
• Violation of the Acceptable Use Policy or these Terms.
• Legal requirements, including court orders or law enforcement requests.
• Suspected fraudulent, abusive, or illegal activity.
• Bankruptcy or insolvency proceedings against you.

Non-Payment Termination: If your Account remains unpaid for 30 days after the due date, we may terminate your Account with 7 days’ written notice. All Customer Content will be deleted 7 days after termination, and you will remain liable for outstanding fees.

Data Deletion: Upon termination, all Customer Content will be deleted after 7 days unless otherwise agreed in writing. You are solely responsible for backing up your data prior to termination.

No Liability for Deletion: We are not liable for any loss of Customer Content resulting from termination or suspension.

Data and Backups

Customer Responsibility: You own all Customer Content and are responsible for maintaining regular backups. We strongly recommend independent backups.

Our Backups: If included in your plan, backups are provided as a courtesy and are not guaranteed. We are not liable for data loss due to hardware failure, user error, or other causes.

Data Deletion Protection: In the event of Account termination, we will notify you via email 7 days prior to deleting Customer Content, unless termination is due to illegal activity.

Service Level Agreement (SLA)

• We guarantee 99.9% uptime, excluding scheduled maintenance or force majeure events.
• If uptime falls below 99.9%, you may request service credits (up to 10% of your monthly fee per 1% downtime below the guarantee), subject to verification.
• Claims must be submitted within 7 days of the downtime event via [Your Support Email].

Intellectual Property

Our Property: All software, tools, logos, and documentation provided by VPSPulse are our property or licensed to us and protected by Canadian intellectual property laws.

Customer Content: You grant us a non-exclusive, worldwide, royalty-free license to host, store, and process Customer Content solely to provide the Services.

Infringement: You warrant that Customer Content does not infringe third-party intellectual property rights. You agree to indemnify us for any claims arising from such infringement.

Limitation of Liability

To the fullest extent permitted by law:

• VPSPulse is not liable for indirect, incidental, special, or consequential damages, including but not limited to loss of data, profits, or business opportunities.
• Our total liability for any claim arising from these Terms or Services will not exceed the amount you paid for the Services in the preceding 12 months.
• We are not liable for data loss, service interruptions, or damages caused by your failure to maintain backups, misuse of Services, or third-party actions.
• Acknowledgment of Risks: You acknowledge that hosting services involve inherent risks, including potential data loss, service interruptions, or security breaches. You agree to assume these risks and take appropriate measures, such as maintaining backups and securing your Account, to mitigate them.

Indemnification

You agree to indemnify, defend, and hold harmless VPSPulse, its affiliates, officers, and employees from any claims, losses, or damages (including legal fees) arising from:

• Your use of the Services.
• Violation of these Terms or applicable laws.
• Customer Content infringing third-party rights.
• Your failure to secure your Account.

Governing Law and Dispute Resolution

These Terms are governed by the laws of the Province of Ontario and the federal laws of Canada.

Any disputes will be resolved exclusively in the courts of Ontario.

Arbitration: At our discretion, disputes arising under these Terms may be resolved through binding arbitration in Ontario, conducted under the rules of the Canadian Arbitration Association. Each party will bear its own legal fees, and the arbitrator’s decision will be final.

Force Majeure

We are not liable for delays or failures in performance due to events beyond our control, including natural disasters, power outages, cyber-attacks, or internet disruptions.

Changes to Terms

We may update these Terms with 30 days’ notice via email or our Website. Continued use of the Services after the effective date constitutes acceptance of the updated Terms.

Entire Agreement

These Terms, together with our Privacy Policy and SLA, constitute the entire agreement between you and VPSPulse regarding the Services, superseding any prior agreements.

Contact Information

If you have any questions about these Terms and Conditions, please contact us through our Support Center.