Agreement-offer

These Terms of Service (the “Agreement”) are a public offer by MasterServer Ltd, registration No. 126135, Republic of the Marshall Islands, registered address: Trust Company Complex, Ajeltake Road, Ajeltake Island, Majuro MH 96960 (the “Provider”, “we”), to any individual or legal entity (the “Customer”, “you”).

The Agreement is the same for all Customers and cannot be changed unilaterally by the Customer. By registering an account, submitting a server request or paying an invoice you confirm that you have read, understood and accepted this Agreement in full.

1. Definitions

• Service — rental of a dedicated or virtual server and related options (disks, RAID, network port, IP addresses, operating system, control panel, licenses, support level) as listed on the Provider’s website.
• Dedicated server — a physical server provided to one Customer exclusively, with full root/administrator access; a remote console (IP-KVM, iDRAC, iRMC or similar) is available on servers where it is listed in the configuration.
• Virtual server (VPS) — an isolated virtual machine with dedicated resources running on the Provider’s hardware.
• Service plan — a configuration and its price published on the Provider’s website. The website always shows the current version of plans and prices.
• Order / Request — a request for a specific configuration sent by the Customer through the website or the Client Panel.
• Client Panel — the Customer’s account area where servers, invoices, payment history and support tickets are kept. Everything done in the Client Panel with the Customer’s credentials is deemed done by the Customer.
• Billing period — one calendar month unless the invoice states otherwise.
• Traffic — the amount of data transferred through the server’s network port during the billing period.
• Spam — any unsolicited bulk messaging (e-mail, messengers, forums, comments), messaging to recipients who opted out, and use of the Service as contact or landing infrastructure for such messaging.
• DoS/DDoS attack — deliberate flooding of a server or service with traffic or requests to make it unavailable.
• Scheduled maintenance — planned work announced in advance. Emergency maintenance — unplanned work needed to restore service, replace failed hardware or apply critical security fixes.

2. Subject of the Agreement

2.1. The Provider rents servers and related options to the Customer under the terms of this Agreement. The exact configuration and price are fixed in the Customer’s Order and the invoice issued for it.

2.2. The Provider may deliver the Service using its own equipment or equipment and facilities of partner data centers.

2.3. The Customer pays for the selected Service at the price valid at the moment of the Order, in the manner described in section 5.

3. Ordering and activation

3.1. The Customer selects a configuration on the website and sends a request. The Provider checks availability, confirms the configuration by e-mail and issues an invoice in the Client Panel.

3.2. The Service is activated after the invoice is paid for at least one billing period. Access details are provided in the Client Panel and/or by e-mail to the address registered in the account.

3.3. When registering and ordering, the Customer must provide accurate information: full name (or company name), a working non-temporary e-mail address and a phone number. The Provider may request identity or company verification (government-issued ID, company registration documents, proof of address) and may decline an Order without stating a reason.

3.4. Actions that affect account ownership — access recovery, transfer, deletion, refunds — are performed only after the Provider has verified the requester’s ownership of the account (access to the registered e-mail and phone, matching ID, or other reasonable means). The Provider decides at its discretion whether verification is sufficient.

3.5. All service notifications are sent to the e-mail address registered in the Client Panel. The Customer is responsible for keeping it current.

4. Service terms

4.1. Resources (CPU, memory, disks, port speed, traffic allowance) are provided according to the ordered configuration. Part of the disk space may be used by the operating system.

4.2. When the traffic allowance of a plan is exhausted, the network port is blocked until the end of the billing period or until the Customer purchases an additional traffic package. Additional traffic and resources are charged separately and are non-refundable.

4.3. Scheduled maintenance is announced at least 24 hours in advance through the Client Panel or e-mail. Emergency maintenance is performed as quickly as possible; the Customer is informed as soon as practicable.

4.4. Technical support is provided through the ticket system in the Client Panel or by e-mail at [email protected]. Support covers the hardware, network and remote console (where available) of the server and the initial OS installation; OS reinstallation is performed by support on business days, up to twice a month. Configuration of the operating system, third-party software, programming, web design and similar tasks are not covered; the Provider may offer them as paid work, charged by time spent and non-refundable.

4.5. Support requests are handled only after the requester is identified as the account owner or an authorised contact. The Provider may decline a request if the information provided is incomplete, the issue was caused by the Customer, or the request is technically impossible or concerns third-party software.

4.6. The Customer is solely responsible for backups of their data. The Provider does not guarantee the integrity of data on the Customer’s server unless a backup service is explicitly ordered, and does not keep data of a Service that has expired, been terminated or not paid for.

5. Prices and payment

5.1. Prices are published on the Provider’s website and may be shown in US dollars or euro for reference. All invoices are issued and paid in US dollars (USD); the invoice states the exact amount to be paid. The price of an ordered configuration stays fixed for the prepaid period.

5.2. The Service is prepaid for each billing period. Fees are fixed and payable regardless of actual usage.

5.3. The Provider may change prices of add-ons that depend on third parties (IP addresses, software licenses, control panels) when the suppliers’ prices change. Unpaid invoices are updated to the new prices.

5.4. Bank, payment-system and currency-conversion fees are paid by the Customer. The Customer is responsible for paying to the current details shown in the invoice.

5.5. If the Customer cannot pay on time, they must inform the Provider in writing at least 2 days before the paid period ends. Deferral of payment and keeping the server and data after the paid period is at the Provider’s discretion. When the paid period ends without payment, the Service is suspended and the Provider may release the server and erase all data on it immediately, without prior notice or data retention.

5.6. Renewal payments and payments for add-ons, licenses and third-party services are non-refundable. Refunds for a newly ordered Service are governed by the Refund Policy.

5.7. Card payments are processed by certified payment providers; the Provider does not receive or store card details.

6. Obligations of the Provider

• provide the Service according to the ordered configuration;
• provide technical support as described in section 4;
• inform the Customer about maintenance, suspension and violations of this Agreement by e-mail;
• keep the Customer’s information confidential, except where disclosure is required by law.

7. Obligations of the Customer

• provide accurate information and documents requested for verification;
• pay invoices on time;
• use the Service only for lawful purposes and in compliance with the laws of the country where the server is located and international law;
• keep account credentials confidential; the Customer is responsible for all actions performed with them;
• not take actions that damage or may damage the Provider’s systems, network or other customers;
• keep backups of their data.

8. Prohibited use

The following is prohibited on the Provider’s servers and network:

• spam in any form, mass unsolicited messaging and software for it;
• DoS/DDoS attacks, network scanning, brute-force, unauthorised access attempts and any other attacks;
• hosting or distributing malware, viruses, phishing pages, PHP shells, anonymisers, open proxies and gateways;
• content that violates the law of the server’s jurisdiction or third-party rights: pirated content, child abuse material, incitement to violence or hatred, drugs, unlicensed gambling, pyramid and HYIP schemes, sale of stolen accounts or cards, unlicensed sale of medicines;
• torrent trackers, IRC servers and bots, cardsharing;
• activities of organisations designated as terrorist under national or international law;
• registering multiple accounts to circumvent limits or sanctions, and using someone else’s identity or contact details.

Whether borderline content (for example adult content) is acceptable is decided by the Provider at its discretion.

9. Suspension and termination

9.1. The Provider may suspend or terminate the Service, fully or partly, without prior notice if: this Agreement is violated; the Customer’s server is used for spam, attacks or other prohibited activity; the Customer’s server is the target of a DoS/DDoS attack that affects the Provider’s infrastructure; the Customer ignores the Provider’s instructions regarding use of the Service; the Customer’s actions damage the Provider’s reputation or security; a lawful request from a competent authority is received.

9.2. No refund is issued for a Service terminated under 9.1.

9.3. The Customer may stop using the Service at any time by not renewing it. Prepaid periods are not refunded except as provided in the Refund Policy.

10. Limitation of liability

10.1. The Provider is not liable for: interruptions caused by the Customer or third parties; the content the Customer stores or transmits; loss of data on the Customer’s server; loss of profit or indirect damages; the state of third-party networks; third-party software and hardware; results that do not meet the Customer’s expectations; consequences of disclosed or lost credentials.

10.2. The Provider’s total liability under this Agreement is limited to the amount paid by the Customer for the affected Service for the current billing period.

10.3. The Customer is liable for violations of law committed through the Service, for breach of this Agreement, for late payment and for all actions performed with their credentials.

11. Third-party software

The Provider may install third-party software (operating systems, control panels) at the Customer’s request. The Provider does not guarantee results of its use and is not responsible for its faults. The Customer installs other software at their own risk and must hold the required licenses.

12. Confidentiality

Both parties keep confidential the business and technical information of the other party that is not publicly available, except where disclosure is required by law.

13. Force majeure

Neither party is liable for failure to perform caused by circumstances beyond its reasonable control: natural disasters, war, civil unrest, strikes, terrorism, failures of power or telecommunication networks of third parties, acts of authorities, changes in legislation — to the extent such circumstances directly prevent performance.

14. Changes, assignment and disputes

14.1. The Provider may amend this Agreement by publishing a new version on the website. The new version applies to Orders and renewals made after publication. Continued use of the Service after publication means acceptance of the changes.

14.2. Either party may assign its rights and obligations to a successor or affiliate with at least 14 days’ written notice by e-mail.

14.3. Disputes are first resolved by negotiation. If no agreement is reached within 30 days, the dispute is submitted to the competent court at the Provider’s place of registration, Republic of the Marshall Islands, unless mandatory law provides otherwise.

15. Contacts

• Sales and billing: [email protected]
• Technical support: [email protected]
• Abuse reports: [email protected]

MasterServer Ltd · Reg. No. 126135 · Trust Company Complex, Ajeltake Road, Ajeltake Island, Majuro MH 96960