Terms of service

This Acceptable Use Policy (AUP) applies to all individuals, businesses, organizations, resellers, and end-clients (collectively, “users”) employing any AMinServe.com services, hardware, property or other products.

Use of AMinServe.com resources constitutes acceptance of all policies in effect at the time of use. Modification to this policy may be made at any time and will be immediately effective upon posted changes.
AMinServe.com reserves the right to protect its resources, users, and reputation from any activity deemed damaging, offensive or abusive. To this measure, AMinServe.com will act as sole arbiter in determining violations of this policy. Using duplicated/fake identity results in immediate termination.

Provisions:
Use of AMinServe.com services indicates the acknowledgment that:

Users are responsible for the security of accounts, systems, passwords, etc…and will not hold AMinServe.com liable for any loss or damages caused by exploitation or any other misuse of AMinServe.com resources.
AMinServe.com is not responsible for any damages, anticipated or otherwise, caused by viewing materials, links, or other content posted to systems on the local network or linked via this network. All users agree to indemnify AMinServe.com from any claims resulting from any use of its services.
Adult content is sanctioned by applicable local and federal governments/laws. Legal adult content is permitted on all AMinServe.com products. The viewing, downloading, or possession of legal adult content by AMinServe.com users and other Internet viewers, is not governed by AMinServe.com policy, and is left to the discretion of individuals requesting this material.
AMinServe.com may monitor its network and audit systems for any data or activity indicating potential policy violations.
AMinServe.com reserves the right to remove any account without prior notice. If AMinServe.com deactivates an account due to the direct or indirect participation of users engaging in illicit activities, any rights to a refund are forfeited by the client/reseller in control of the account at the time of the violation. Furthermore, no refunds for advance payments will be granted for deactivated accounts. Critical offenses and involvement in illegal activity will negate any perceived obligation of AMinServe.com to return data.

Payment Process:
All PayPal payments must be done from verified PayPal’s owners and the customer should not use any proxy/VPN or real Ip hider while ordering or paying with PayPal.
The payment account status will be checked via PayPal free services which provided here:
https://www.paypal.com/us/verified/pal=Your PayPal Account Here

Please remember that in any case of rule breaking, AMinServe.com will have the authority to take the appropriate action based on its favor.

Refund Policy:
If there was any hardware issue in any VPS and RDP plans and we could not fix it within 3 days, the customer can request for partial refund.
We reserve the right to refuse a refund to any client at any point.

Abusive Clientele:
AMinServe.com may, at its discretion, suspend or terminate the service of any client/reseller who is financially delinquent, abusive/harassing to AMinServe.com personnel, or causes general disruption to the operation of the company and service of its users. Examples of such activity include, but are not limited to:

verbal or written abuse of AMinServe.com personnel (obscene language, threats, etc.)
excessive complaints or persistent disregard for alerts, warnings, and/or notices
repeated reactivation of abusive users
consistent errors or administrative changes causing unnecessary workload
spamming AMinServe.com email addresses, ticket systems, and/or servers
frequent late or bounced payments
issuing charge backs
public harassment or derogatory/false/exaggerated forum/discussion group postings

Abuse of AMinServe.com Systems and Resources:
Any damaging or abusive activity, whether unlawful or considered to be detrimental to the operations of AMinServe.com resources, is a violation of this policy. Any attempt to harm equipment owned by AMinServe.com, or hosted in its facilities, is strictly prohibited. Violations will result in legal action, to the fullest allowable extent.

Illegal Usage Restrictions:
Resources provided by AMinServe.com may be used only for lawful purposes. Examples of unlawful content include, but are not limited to:

unlicensed hosting of, linking to, or any involvement in the transmission of copyrighted media, applications, published works, or any data protected by trade secret, without sufficient rights to engage in this activity
child pornography and/or kidnapping material
content deemed to be terroristic in nature
material posted to incite violence
violations of human and animal rights, including the display of acts of cruelty and other abuse
pyramid/ponzi schemes
fraudulent sites and other forms of “phishing” (emails/forms/sites used to gather personal information from unsuspecting individuals)
cracking programs and/or key generators
violations of import/export restrictions
Prohibited Usage Restrictions:
In addition to activities governed by law, AMinServe.com strictly prohibits:
IRC and associated applications (including bouncers, “bots”, CamFrog and etc.)
malware (malicious software) and/or botnets
network and systems abuse scripts
circumvention of and/or provision of instructions to circumvent security measures
unnecessary port scans
threatening, harassing, or obscene content
anonymizers/proxies without password protection and sufficient logging (including open mail proxies, anonymous web surfing proxies)
proxy detection scripts
unsolicited and/or mass advertising via forums, blogs, comment forms, and newsgroups
mail bombing, email address harvesting, and/or unsolicited email (including bulk mail sent to unconfirmed recipients and individual unsolicited advertisement or link exchange requests)
excessive over-utilization of resource limits
evasion of bans or blacklisting by changing domains/IPs
*** Links to unacceptable content are also prohibited.

Resource Usage:
Resource usage should be maintained within levels outlined in product descriptions and/or service contracts. Abuse caused by users or unauthorized parties may increase resource usage and lead to overage fees. Overage fees apply to any service utilizing more than its assigned bandwidth allocation, except for services advertised/sold as “UNMETERED”. Overages will be calculated based on overall amount of GigaBytes (GB) transferred in a monthly period, unless a service is sold based on Megabits per Second (MBPS). Services sold by MBPS, will be calculated via the industry standard 95% method, unless otherwise specified in the service agreement contract. MRTG or other bandwidth reports are available, upon request. Bandwidth is supplied from a shared pool and is not supplied as guaranteed/dedicated bandwidth, unless advertised as such specifically. Burstable usage of the UNMETERED service/port is permitted. However, a service that has heavy sustained usage may have its port capped and the client/reseller associated with the service may be required to upgrade to a dedicated service plan. UNMETERED service is supplied on a “best-effort” basis, which may result in some slowdowns during peak traffic periods. Should a client/reseller utilize or require large amounts of bandwidth, beyond the standard bandwidth allocation, AMinServe.com may require a deposit.

Port Usage:
Basic Dedicated & Co-Located servers are installed on 100MBPS unthrottled ports, unless service is sold with a specified port size (ie. 10MBPS UNMETERED) or specified/requested as a “capped” port. AMinServe.com reserves the right to monitor network usage and throttle the available speed (if a service significantly exceeds average usage) to conserve network resources and to prevent any large billing anomalies. This will generally not include short spikes in usage, but will include, and not be limited to, sustained transfers of significantly larger than average amounts of bandwidth. If, at any time, a client’s or re-seller’s data transfer rate affects other AMinServe.com clientele, AMinServe.com reserves the right to throttle and/or disconnect the service at the source of the problem.

Virtual Hosting:
AMinServe.com is pleased to offer unlimited traffic/hits and server usage to Virtual Hosting clientele. “Unlimited traffic/hits” refers to the number of visitors to a website and NOT the total amount of bandwidth/data transfer. Each Virtual Hosting account is still limited to the bandwidth/data transfer included with its associated service/package. To maintain the integrity of our service, the following usage may be limited/disallowed on Virtual Hosting service:

banner, graphic, or CGI scripts running from the service and/or being utilized on other domains/websites
large graphic or download archives/galleries
large chat room gatherings
If you do not qualify for unlimited traffic/hits, your account may be required to be upgraded. To reduce the load on a server, AMinServe.com reserves the right to relocate any site to a different server and/or IP address.

Virtual Private Servers (VPS):
To maintain the integrity of AMinServe.com services, any VPS (virtual private server) utilizing heavy amounts of system resources may be temporarily disabled. When necessary, clients/resellers may be required to upgrade the service package to accommodate actual usage. Additionally, to reduce the load on servers, AMinServe.com may relocate virtual private server containers to different nodes and/or IP addresses.

Backup Service:
AMinServe.com does not take any kind of backup. You should consider the periodical backups for your contents.

Service/Contract termination:

AMinServe may, without notice and without incurring any liability to you or any third party, discontinue the provision of the Service if:
(a) it determines such action is necessary to (i) prevent or protect against fraud, tricks, tampering, schemes, false credit devices, electronic devices, or any other fraudulent means or devices, (ii) protect its personnel, agents, facilities or services, or (iii) protect against actual or potential adverse financial effects;
(b) in case of legal obligation, judicial or governmental request, or request from a duly competent regulatory or administrative authority
(c) in case of urgent work in the Datacenter and/or on the AMinServe Network and/or on AMinServe Equipment
(d) the Customer fails or refuses to provide information regarding the Customer’s creditworthiness, its past or current use of the Services, the jurisdictional nature or characteristics pertaining to its use or planned use of the Service;
(e) the Customer provides false information to AMinServe regarding the Customer’s identity, address, creditworthiness, past or current use of the Service, or the jurisdictional nature or characteristics pertaining to its use or planned use of the Service;
(f) the bandwidth or computer memory used by the Customer in relation to the Services exceeds any agreed or stipulated level and AMinServe determines in its sole discretion that suspension is necessary to protect AMinServe Equipment and/or Network;
(g) failure or deficiencies in the Customer Hardware including but not limited to server corruption and security breaches;
(h) if AMinServe have reasonable grounds to believe that the Customer uses or threatens to use the Service in a fraudulent and/or unlawful and/or criminal manner or in a manner which could prejudice AMinServe
(i) if the Customer becomes insolvent, makes assignments for the benefit of creditors, files for bankruptcy or reorganization, fails to discharge an involuntary petition for bankruptcy within the time permitted by Law, or otherwise abandons the Service.

Your actions fall under the:
(b) in case of legal obligation, judicial or governmental request, or request from a duly competent regulatory or administrative authority
(a) it determines such action is necessary to (i) prevent or protect against fraud, tricks, tampering, schemes, false credit devices, electronic devices, or any other fraudulent means or devices, (ii) protect its personnel, agents, facilities or services, or (iii) protect against actual or potential adverse financial effects;
(b) in case of legal obligation, judicial or governmental request, or request from a duly competent regulatory or administrative authority;
(h) if AMinServe have reasonable grounds to believe that the Customer uses or threatens to use the Service in
a fraudulent and/or unlawful and/or criminal manner or in a manner which could prejudice AMinServe.

Policy Violations:
Storage, presentation, or transmission of any material in violation of any laws, or otherwise prohibited by AMinServe.com, is cause for temporary account deactivation, server/service termination, or complete cancellation of all account services. The AMinServe.com Abuse Dept will make an attempt to contact the involved client via email when the first sign of a possible violation is noted. This notification may occur before or after a service is disabled. Alerts are provided as a courtesy. Prompt responses to alerts are required. When an alert is sent, the designated abuse contact is responsible for acknowledging his/her understanding of the offense and providing an adequate response, to the satisfaction of AMinServe.com, within 6 hours of the notice. Failure to sufficiently respond to an abuse alert will lead to suspension of any active services involved in abusive activity and will result in a $50.00 fee. If reactivation is warranted, all abuse fees and any outstanding service fees must be paid prior to service being reactivated. Repeated abuse and/or failure to respond to abuse alerts will result in service termination.

Note: It is extremely important to ensure that the abuse email address on record is valid and monitored at all times. This is the address used for abuse notifications and warnings. The address may be set within the client management interface.

Direct clients/resellers are fully responsible for any activity found to originate from products and/or services under their care. In any case involving unauthorized parties utilizing a AMinServe.com service for abuse, the direct client/reseller is responsible for locating and stopping all affected applications, until the source of the problem is found and removed. AMinServe.com may opt to disable all services until the client can perform such an investigation or the system can be secured or reinstalled. If the support of AMinServe.com is required for the investigation, the client agrees to compensate AMinServe.com at a rate of $50 USD/hour for such service. Re-installations are performed at a flat-rate of $50 USD (which does not include any operating system changes or licensing costs). Direct clients/resellers are responsible for maintaining secure systems. This includes, but is not limited to:

requesting kernel updates
applying application patches
AMinServe.com will not be responsible for securing dedicated servers, virtual private servers, user accounts/web sites, or third-party applications. Direct clients/resellers with fully managed support services, may be entitled to a higher level of support than clientele with basic management.