Terms of Service
These Terms of Service (the “Terms”) form a binding agreement between you (the “Customer”) and StoresWiki LLC, Via Giuseppe Mazzini 4, Belpasso, 95032, CT, Italia (“we”, “us”, the “Provider”), governing your access to and use of the VPS Cloudvirtual private server (“VPS”) hosting service (the “Service”).
1. Acceptance of these Terms
By registering an account, placing an order, or using any part of the Service, you confirm that you have read, understood and agree to be bound by these Terms, our Acceptable Use Policy, our Privacy Policy, our Refund Policy and our Service Level Agreement, all of which are incorporated by reference. If you do not agree, you must not use the Service.
2. Eligibility and account
- You must be at least 18 years old and able to form a legally binding contract.
- You are responsible for maintaining the confidentiality of your account credentials, your VPS root password, and any SSH keys, and for all activity that occurs under your account.
- You must provide accurate registration and billing information and keep it up to date.
- One person or organisation may hold multiple servers, but you may not create multiple accounts to evade limits, suspensions, or free-tier restrictions.
3. The Service
The Service provisions and manages virtual private servers on our infrastructure. Each VPS is a virtualised, isolated environment with a defined number of CPU cores, memory, disk and a monthly outbound data-transfer allowance, as described on the plan you select. You receive full root/administrator access and are solely responsible for the operating system, software, data and configuration you place on it.
Resources are dedicated allowances subject to fair use (see section 8). We may update the underlying virtualization platform, host hardware and network at any time to maintain security and performance; such maintenance is covered by our SLA.
4. Orders, billing and renewal
- Terms & upfront billing. Plans are offered on monthly, 12-, 24- and 48-month terms. Longer terms are discounted and are charged in full and up front for the committed period.
- Card payments. Recurring card payments are processed by our payment processor (Stripe). By subscribing you authorise us to charge the applicable fees to your payment method at the start of each billing cycle until you cancel.
- Offline payments. Where offered, you may pay by bank transfer or another offline method. Your server is not provisioned until we have verified receipt of payment.
- Taxes. Prices are exclusive of any applicable taxes, which are your responsibility unless stated otherwise.
- Renewal. Subscriptions renew automatically for the same term unless cancelled before the renewal date. You can cancel at any time from your dashboard.
- Failed payment. If a renewal payment fails, we apply the grace, suspension and deletion timeline in section 9 before any data is removed.
5. Upgrades, downgrades and proration
You may upgrade a running server to a larger plan at any time from your dashboard. Upgrades are applied by charging the prorated difference for the remainder of the current billing period, and the server’s resources are resized accordingly. Downgrades, where available, take effect at the next renewal and are subject to the target plan being able to hold your current disk usage.
6. Your responsibilities
- Keep your operating system and applications patched and secure.
- Maintain your own backups of any data you value. While we operate platform-level resilience, you are responsible for application- and file-level backups of your VPS.
- Comply with all applicable laws and with our Acceptable Use Policy.
- Not resell, sublicense or share access in a way that circumvents plan limits or these Terms without our written consent.
7. Prohibited conduct and content
Certain uses are prohibited on all plans. These are detailed in the Acceptable Use Policy and include, without limitation: sending spam or unsolicited bulk email; hosting phishing, malware or fraud; network attacks (DoS/DDoS, port scanning, brute-forcing); operating open proxies, anonymisation relays or traffic-laundering services in violation of the AUP; cryptocurrency mining that is not disclosed and approved; child sexual abuse material (CSAM) and other illegal content; infringement of intellectual-property rights; and any activity that harms the integrity, security or reputation of our network or other customers.
8. Fair usage of resources
Plan allowances (CPU, memory, disk and bandwidth) are provided on a fair-use basis so that a single customer’s activity does not degrade service for others sharing the same host:
- Bandwidth. Each plan includes a monthly outbound data-transfer allowance. When you reach 80% we notify you; when you exceed 100% your outbound network speed is temporarily throttled until your allowance resets at the start of the next billing cycle. Inbound traffic is not metered.
- Sustained abuse / relaying. Sustained maximum-rate egress consistent with traffic relaying, flooding or attack traffic may be rate-limited or suspended to protect the network, independently of your monthly allowance.
- CPU & I/O. Short bursts to your full allocation are expected and fine. Continuous saturation that impacts neighbouring servers may be throttled; we will contact you and, where appropriate, recommend a larger plan.
- Security scanning. We run automated malware scanning across servers. Confirmed malicious content may trigger the notice-and-remediation process in section 9.
9. Suspension, remediation and termination
We may suspend or terminate a server or account in the following circumstances:
| Trigger | What happens |
|---|---|
| Non-payment / failed renewal | A grace period (typically 3 days) with reminders, then suspension. Suspended servers are retained for a further period (typically 7 days) before the data is permanently deleted. |
| AUP violation (spam, phishing, malware, attacks, illegal content) | Immediate suspension where necessary to protect the network or third parties; otherwise notice and a remediation window. Severe or repeated violations, and any CSAM, result in immediate termination and, where required, reporting to authorities. |
| Bandwidth allowance exceeded | Temporary outbound throttling for the remainder of the cycle (not suspension), as described in section 8. |
| Sustained resource abuse endangering other customers | Rate-limiting or suspension with notice as soon as practicable. |
| Fraud, chargeback abuse, or evasion of limits/suspensions | Suspension or termination of all associated accounts and servers. |
Wherever it is safe to do so, we give notice and an opportunity to remediate before suspension. You may appeal any suspension by contacting support@storeswiki.com. On termination for any reason, your right to use the Service ends and associated data may be deleted after the retention window above.
10. Service levels and credits
Our uptime commitment and the service credits available for qualifying downtime are set out in the Service Level Agreement. Service credits are your sole and exclusive remedy for downtime.
11. Cancellation and refunds
You can cancel at any time from your dashboard. Refund eligibility, the money-back window and prorated refunds are described in the Refund Policy.
12. Intellectual property
The Service, including the control panel and its software, is owned by StoresWiki LLC and its licensors. You retain all rights to the content and data you place on your VPS. You grant us only the limited rights necessary to operate the Service (for example, to store and transmit your data and to act on abuse reports).
13. Warranties and disclaimers
The Service is provided on an “as is” and “as available” basis. To the maximum extent permitted by law, we disclaim all implied warranties, including merchantability, fitness for a particular purpose and non-infringement. We do not warrant that the Service will be uninterrupted or error-free beyond the commitments in our SLA.
14. Limitation of liability
To the maximum extent permitted by law, we are not liable for indirect, incidental, special or consequential damages, or for loss of data, profits or revenue. Our total aggregate liability arising out of or relating to the Service is limited to the amount you paid us for the Service in the three months preceding the event giving rise to the claim. Nothing in these Terms limits liability that cannot be limited under applicable law.
15. Indemnification
You agree to indemnify and hold harmless StoresWiki LLC against claims, damages and expenses arising from your use of the Service, your content, or your breach of these Terms or the AUP.
16. Changes to the Terms
We may update these Terms from time to time. Material changes will be notified by email or through the control panel. Continued use of the Service after changes take effect constitutes acceptance.
17. Governing law and jurisdiction
These Terms are governed by the laws of Italy. The parties submit to the exclusive jurisdiction of the courts of Catania (CT), Italy, without prejudice to any mandatory consumer-protection rights you may have in your country of residence.
18. Contact
StoresWiki LLC
Via Giuseppe Mazzini 4, Belpasso, 95032, CT, Italia
Email: support@storeswiki.com
Phone: +39 3513762924