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Get in touch
- Servers 99 611 Gateway Blvd ,
South San Francisco ,
CA 94080 United States - sales@servers99.com
- Whatsapp : +1 312 910 5075
- Support : +1 234 285 8020
- Skype Name : live:.cid.fceb43fa6d632b51
Terms & Conditions
This agreement outlines the Terms of Service for Servers99 CLOUD DATACENTERS PRIVATE LIMITED. and its sister branch, Elastic Data Centers (OPC) Pvt Ltd., governing the use of the company's services and products by the customer. The terms aim to promote the integrity, security, reliability, and privacy of the company's facilities, network, and customer data. The company believes it provides the best services in the industry and implements these policies in the best interests of its own and its clients. The company reserves the right to modify these terms of service at any time, and any such modification will be effective for all customers. By using the company's services and products, the customer agrees to be bound by the terms outlined.
The user agrees not to post, transmit, re-transmit, or store content on the company's services or products that violates local, state, federal, or non-US laws, is obscene, threatening, defamatory, negatively affects any individual, group, or entity, or violates third-party rights, including copyright, trade secret, patent, or similar laws. This includes installing or distributing "pirated" or unlicensed software products. The user also agrees to defend and keep the company harmless from any claims arising from the usage of the services or products.
Customers are only allowed to use services and products in a manner that aligns with the company's purposes, and if they're unsure about their use, they must contact the company. The services and products are expressly prohibited in certain instances, and customers should contact the company if they're unsure.
The Company prohibits pornography and related merchandising on all its services, including sites with links to pornographic content, pirated software, hacker programs, anonymous proxies, Warez Site archives, game rooms, IRC bots, and illegal software. It also prohibits sites offering online gambling, casino functionality, sportsbook betting, and internet lotteries.
3.1.2. Violations of the rights of any person protected by copyright, trade secret, patent, or other intellectual property laws or regulations. This includes the installation or distribution of “pirated” or unlicensed software products.
3.1.3. Using or hosting any online booking system/IRCTC, government-related, or finance-related websites on our servers constitutes a breach of terms and conditions. Legal action will be taken if necessary, with no refund policy.
3.1.4. Actions that restrict or inhibit any person, whether a customer of the company or otherwise, in their use or enjoyment of the company’s services or products.
3.2.1. Introduction of malicious programs into the company’s network or server (e.g., viruses and worms).
3.2.2. Effecting security breaches or disruptions of internet communication. Security breaches include unauthorized access to data or logging into a server or account that the customer is not authorized to access. Disruption includes port scans, flood pings, packet spoofing, and forged routing information.
3.2.3. Executing any form of network monitoring that intercepts data not intended for the customer’s server.
3.2.4. Circumventing user authentication or security of any host, network, or account.
3.2.5. Interfering with or denying service to any user other than the customer’s host (e.g., denial of service attack).
3.2.6. Using any program/script/command or sending messages designed to interfere with or disable a user’s terminal session.
3.2.7. Creating an “active” full-time connection on a company-provided account by using artificial means involving software or programming.
3.2.8. Attempting to circumvent or alter monitoring, bandwidth tracking, or utilization reporting. This includes altering, removing, or tampering with company-created log files.
3.2.9. Any action determined by the company to reflect poorly on the company or negatively impact its operations.
3.2.10. Any action deemed an unacceptable use of resources, business practice, or otherwise unacceptable to the company.
3.2.11(a). IP geolocation databases can vary in accuracy. ARIN is the primary source, but IP assignments change regularly. Companies can assign IP addresses regardless of geographic boundaries, affecting accuracy. Choose data sources carefully as accuracy varies between providers.
3.2.11(b). We update IP location using MaxMind, IPIP, and IP2Location databases. Data from other providers may vary due to outdated information and may not be considered for IP geolocation.
3.3.1. Furnishing false or incorrect data on the order form, contract, or online application, including fraudulent use of credit card numbers.
3.3.2. Attempting to circumvent or alter billing procedures or methods to measure time, bandwidth utilization, or other service documentation.
3.3.3. No Refund Policy.
3.4.1. Sending unsolicited commercial email (UCE), including “junk mail” or advertising material to individuals who did not request it, were not previous customers, or with whom the customer has no existing business relationship.
3.4.2. Sending UCE referencing an email address for any domain hosted by the company.
3.4.3. Sending UCE referencing a domain hosted by the company.
3.4.4. Sending UCE referencing an IP address hosted by the company.
3.4.5. Posting advertisements on IRC, ICQ, or any public chat system containing an email address, domain, or IP address hosted by the company.
3.4.6. The company will determine what constitutes a violation of these provisions.
3.4.7. Harassment through language, frequency, or size of messages.
3.4.8. Unauthorized use or forging of mail header information.
3.4.9. None of our servers come with Port 25 open except for bulk mailing servers or specific requirements with conditions agreed upon before placing an order.
3.4.10. Soliciting mail for any email address other than that of the poster’s account with the intent to harass or collect replies.
3.4.11. Creating or forwarding “chain letters” or “pyramid schemes” of any type.
3.4.12. Using unsolicited email originating from within the company’s network or other ISPs to advertise any service hosted by the company.
3.4.13. Activities deemed unsolicited marketing efforts or otherwise harassing.
3.4.14. Customers will be charged a minimum $300.00 service charge for each instance of verifiable UCE reported to the company, with immediate account suspension/termination and further penalties.
Abusive or critical remarks regarding any religion, community, gender, or sensitive topic. If our servers are used for such purposes, services will be terminated immediately without warning or refund. The responsible person must provide clarification if requested.
Customer agrees to indemnify and hold the Company harmless from any lawsuit, claim, charge, or expense, including reasonable attorney fees and costs of defense, for any matter arising from or relating to Customer’s Website provided hereunder.
Nothing contained herein shall be deemed to create a relationship between the Company and Customer in the nature of a partnership, joint venture, or otherwise. Both parties acknowledge and agree that the Company has no interaction with the data or substance of Customer’s Website, except as necessary to maintain the Website.
Customer agrees to take all reasonable, necessary, and prudent steps to protect Customer’s login ID and password.
Customer agrees not to attempt to undermine or cause harm to any server, software, system, or customer of the Company.
Customer agrees to maintain their computing equipment responsibly, including running antivirus software.
Uploading a virus to a Company server will result in account termination, service charges, and/or prosecution.
Customer acknowledges that the Company cannot provide technical support for any software and/or script that the Customer installs, other than initial configuration. The Company supplies technical support only for hosting services that it provides. The Company shall be the sole arbiter as to what constitutes a “hosting” issue.
In no event shall Elastic Data Centers (OPC) Pvt Ltd (the Company) have any liability whatsoever for damage, unauthorized access to, alteration, theft, or destruction of information provided to the Company, distributed, or made available for distribution via the services. The Company and its sister consults branch shall have no liability under this agreement or otherwise for consequential, exemplary, special, incidental, or punitive damages even if they have been advised of the possibility of such damages. In any event, the liability of the Company to you for any reason and upon any cause of action shall be limited to the amount actually paid to it by you under this agreement during the thirty (30) days immediately preceding the date on which such claim accrued. This limitation applies to all causes of action in the aggregate, including, without limitation, breach of contract, breach of warranty, negligence, strict liability, misrepresentations, and other torts. The fees for the services set by the Company under this agreement have been and will continue to be based upon this allocation of risk. Accordingly, you hereby release Elastic Data Centers (OPC) Pvt Ltd from any and all obligations, liabilities, and claims in excess of the limitation stated in this section.
Any attempt to undermine or cause harm to the Company server or another customer’s web presence is strictly prohibited. Any violation of the above Terms of Service will result in grounds for account termination, with no refunds given. The Company reserves the right to remove any account without prior notice. Violation of these Terms of Service may result in legal action, service charges, or a combination thereof.
If any client is in any way disrespectful or abusive toward the Company’s staff, we have the full right to remove them from our services without any refund.
Customer acknowledges that both the Customer and the Company may have access to certain products, information, and materials relating to each other's business, which may include business plans, customers, software technology, and marketing plans that are confidential and of substantial value to either party. The value of this information would be impaired if disclosed to third parties. Consequently, both the Company and the Customer agree not to use or disclose any such information for their own account or any third party, except as necessary to maintain the Website.
Both parties agree to take appropriate precautions to protect the confidentiality of such information. Upon termination of this agreement, neither party shall use or disclose any confidential information in their possession. All confidential documents shall be returned to the rightful owner or destroyed. These provisions shall survive the termination of the agreement. In the event of a breach or threatened breach of this section, either party shall be entitled to injunctive relief, which will not be contested by the Customer or the Company.
For VPS, we offer a trial for half an hour with the following specifications:
- 1 Core
- 1 GB RAM
- 10 GB Storage
- 50 GB Bandwidth
- Duration: 30 Minutes
- OS: Linux (Windows will be provided with 2 cores and 2 GB RAM; other configurations remain the same)
The Company reserves the right to refuse or cancel service at its sole discretion with no refunds. Failure to follow any of these Terms of Service will result in immediate account deactivation. Whenever any user registers, they agree to these terms.
Use of the Company’s services and products is at the Customer’s sole risk. Neither the Company nor its employees, agents, resellers, third-party information providers, merchants, licensors, or others make any warranties, including implied warranties of merchantability or fitness for a particular purpose. The Company does not guarantee that services and products will be uninterrupted or error-free, nor do they make any warranty as to the results that might be obtained from the use of the Company’s services and products or the accuracy or reliability of any information or merchandise provided through the Company’s service. This includes loss of data, whether resulting from delays, wrong deliveries, or any service interruptions caused by the Company or its employees or other causes.
The server deployment time is 24 to 72 hours. The Refund Policy is not applicable to locations in Colombia, Argentina, Panama, Peru, Brazil, Chile, Uruguay, and Ecuador.
HTTP injector is not allowed on any of our services. If an HTTP injector is detected on user service, the service will be canceled, and the user will not be eligible for a refund.
All dedicated servers will be delivered within 3 to 5 working days. If delivery takes longer, we will adjust the billing cycle. If any user raises a cancellation request within 7 working days, they are not eligible for a refund or credit back policy, as we do not offer refunds or credit back guarantees on dedicated servers.
All refunds are at the sole discretion of Servers99, including fees associated with primary services, additional features, and any previously charged setup fees.
- Spamming and Bulk Mailing: Spamming and bulk mailing are strictly prohibited on all our services except for dedicated bulk mailing servers. If a user is found engaging in such activities, their services will be suspended or terminated without eligibility for a refund. It is the user's responsibility to monitor their use of the service.
- Renewal Payments: There is no refund or credit back policy applicable to renewal payments, regardless of when the renewal payment is made.
- IPv6 and South America: Our servers do not come with IPv6 by default. The starter package for the South America region (including Colombia, Argentina, Panama, Peru, Uruguay, and Ecuador) includes only IPv6, with no IPv4 provided. Hence, no credit back is applicable for these locations. For IPv6 requirements, users must contact the sales department via ticket with detailed requirements. If a user requests IPv6 after placing an order, they will no longer be eligible for the Money Back Guarantee. Once an IP pool is assigned, it cannot be changed.
- Addon IPs: Customers can obtain two addon IPs under the basic plan and three addon IPs under the Premium and Enterprise plans. No addon IPs are available for the starter plan. Due to limited IP availability, users must justify the need for addon IPs.
- Order Changes: Once an order has been placed, it cannot be changed. If a user wants to change the order location, an additional charge will apply, and the user will not be eligible for the credit back policy. Location changes will incur additional charges and are subject to valid reasons and IP pool availability.
- Central Asia Users: Users from Central Asia (Kazakhstan, Kyrgyzstan, Tajikistan, Turkmenistan, and Uzbekistan) must take a demo (for 30 minutes) before placing an order. Failure to do so will make the user ineligible for any credit back policy. After satisfactory testing results, confirmed by the user, they can place an order but will not be eligible for the credit back policy.