Terms of Service

1. Who We Are

WindowsVPS ("we," "us," "our") is operated by [Company Legal Name — placeholder, insert your registered business entity], a company registered in [Jurisdiction — placeholder]. These Terms of Service ("Terms") govern your access to and use of the WindowsVPS website, client panel, and hosting services (the "Service"). By creating an account, placing an order, or otherwise using the Service, you agree to be bound by these Terms.

If you do not agree to these Terms, do not use the Service.

2. Description of Service

WindowsVPS provisions and resells virtual private servers and dedicated servers on infrastructure operated by third-party data center providers, currently including Hetzner Online GmbH (cloud VPS) and OVHcloud / Kimsufi (dedicated servers). We offer both Windows and Linux operating system images, billed on a recurring subscription basis.

We do not own the underlying physical hardware or data centers. Our role is to provision, manage billing for, and provide a management panel on top of infrastructure operated by our upstream providers.

3. Account Registration

You must provide accurate registration information (full name, email, phone number, country) and keep it up to date.
You must be legally capable of entering into a binding contract in your jurisdiction.
You are responsible for all activity that occurs under your account and for keeping your login credentials confidential.
We reserve the right to refuse service or terminate accounts that provide false registration information.

4. Orders, Billing & Payment

Prices are as displayed on the Service at the time of order and are billed on the billing cycle (e.g. monthly) selected at checkout.
Payment is processed through supported third-party payment gateways (currently Stripe, PayPal, and Cryptomus, depending on availability at checkout). We do not store your full payment card number.
You are responsible for any taxes, duties, or similar charges applicable to your purchase, in addition to the listed price, except where we are required by law to collect them.
If a recurring payment fails, we may retry the charge, suspend the associated service, and ultimately terminate it if payment is not received within a reasonable cure period communicated in your account or by email.
All fees are non-refundable except where required by applicable law or expressly stated otherwise at the time of purchase.

5. Service Availability

We target 99%+ uptime across our infrastructure, measured on a monthly average basis. This is a target, not a guaranteed service-level commitment, and is inherently limited by the availability commitments of our upstream infrastructure providers, network conditions, scheduled maintenance, and events outside our reasonable control.

6. Acceptable Use

Your use of the Service is also governed by our Acceptable Use Policy, which is incorporated into these Terms by reference. Because we operate on top of third-party infrastructure providers, a violation of their acceptable-use rules is also a violation of these Terms, and may result in immediate suspension of your service — with or without prior notice, depending on severity — to protect the integrity of the shared infrastructure used by all our customers.

7. Your Responsibilities

Backups. We do not currently provide managed backups. You are solely responsible for backing up your data and configuration independently of our infrastructure. We are not liable for any data loss.
Credentials. Root/administrator passwords are shown to you once at provisioning time and are not retrievable afterward through the panel. Store them securely.
Security. You are responsible for securing your operating system, applications, and data, including applying security updates.
Lawful use. You are responsible for ensuring your use of the Service complies with the laws applicable to you and to the content or activity you host.

8. Suspension & Termination

By you: You may cancel your subscription at any time from your account panel. Cancellation takes effect at the end of the current billing period, and the associated server is deleted after cancellation is processed.
By us for cause: We may suspend or terminate your service immediately and without notice if we reasonably believe you are in breach of the Acceptable Use Policy, engaging in fraud or non-payment, or exposing our infrastructure or other customers to risk (e.g. denial-of-service activity, spam, cryptocurrency mining, or hosting illegal content).
By us for convenience: We may terminate the Service with reasonable notice communicated through your account or by email, for example if we discontinue a product line or infrastructure provider relationship.
Upon termination, we may permanently delete your server, its data, and associated backups (if any), and we are not obligated to retain or return this data.

9. Third-Party Infrastructure Providers

Some or all of your service may run on infrastructure operated by Hetzner Online GmbH or OVHcloud/Kimsufi. These providers' own acceptable-use and service terms apply indirectly to your use of the Service, and we may be required to act on abuse reports or takedown notices they receive relating to your server. We are not responsible for outages, policy changes, or service interruptions originating from our upstream providers, though we will make reasonable efforts to notify you.

10. Intellectual Property

The WindowsVPS name, logo, website, and client panel software are our property or that of our licensors. You retain all rights to content and data you upload to your own server.

11. Disclaimers & Limitation of Liability

The Service is provided "as is" and "as available," without warranties of any kind, express or implied, except as required by applicable law.
To the maximum extent permitted by law, our total liability arising out of or relating to the Service is limited to the amount you paid us for the affected service in the one (1) month preceding the event giving rise to the claim.
We are not liable for indirect, incidental, special, or consequential damages, including loss of profits or data, except in cases of our gross negligence, willful misconduct, or where such exclusion is not permitted by applicable law.

12. Indemnification

You agree to indemnify and hold us harmless from any claims, damages, or expenses (including reasonable legal fees) arising from your breach of these Terms, your Acceptable Use Policy violations, or content you host on the Service.

13. Changes to These Terms

We may update these Terms from time to time. Material changes will be communicated through your account or by email before they take effect. Continued use of the Service after changes take effect constitutes acceptance of the revised Terms.

14. Governing Law & Disputes

These Terms are governed by the laws of [Governing Jurisdiction — placeholder], without regard to conflict-of-law principles. Any dispute arising from these Terms will be subject to the exclusive jurisdiction of the courts of [Venue — placeholder], unless applicable consumer-protection law provides otherwise.

15. Contact

Questions about these Terms can be sent to [email protected].