Terms of Service

1. What the service is

We rent you a physical server, connect it to our network, and give you the keys. That is the whole product. You receive root access, out-of-band access through IPMI or KVM, IPv4 and IPv6 addresses from our own address space, and a network port.

The service is unmanaged. We do not install, configure, patch, tune or troubleshoot anything above the network port and the management controller. What runs on the machine, and whether it runs well, is yours to decide and yours to maintain.

If you want someone to do that work for you, HostiServer sells managed support separately, under its own terms and at its own rates. Buying it is optional and is never a condition of this Agreement.

2. Your account and your statements to us

By ordering the Services you confirm that:

• you will use them for lawful purposes only;
• the registration and billing information you give us is accurate and current, and you will keep it that way; abuse notices and outage notices go to the address on file, and we are not responsible for what you miss because that address is stale;
• you are at least 18 years old and, if you are ordering for a company, that you may bind it;
• you are responsible for everything that happens through your account, including keeping your credentials and out-of-band access private;
• you will tell us before opening a second account with the same billing details.

We may ask for identification documents where a payment, a sanctions check or an abuse investigation requires it. If the request is not answered within three business days, we may suspend the Services.

3. Use of network resources

Your port is unmetered. There is no monthly transfer allowance, no overage rate, no 95th-percentile billing and no fair-use clause that quietly reintroduces one. You may run the port at line rate, every hour of every day, and the invoice will not change.

Port speed is what you ordered: 1, 10, 25, 40 or 100 Gbps. We do not rate-limit below it, and we do not shape your traffic by protocol, destination or content.

The service has two limits:

• capacity is per server, on the port you ordered, and cannot be pooled across servers or accounts;
• traffic that is an attack rather than a workload (outbound floods, amplification, anything that damages the network or a third party) is not a workload, and is covered by the section below.

The port is yours alone; the uplink behind it is shared with our other customers and sized for the servers on it. When an uplink gets close to full, we add capacity. We do not hold customers back to stay inside it, and a busy uplink is never a reason to bill you more.

4. Acceptable use

We sell infrastructure for legitimate business: CDN origins, streaming, game servers, storage, mail, application and database workloads. A saturated port is not suspicious here and never will be. What we do not host, at any price, is crime.

You may not use the Services, or allow anyone using your account to use them, to:

• store, publish, distribute or link to material that is illegal in your jurisdiction, ours, or the one the server sits in. Child sexual abuse material is reported to the authorities and the account is terminated the moment we learn of it;
• distribute malware, ransomware, exploit kits, keyloggers or command-and-control infrastructure, or share code, tools or instructions whose purpose is to compromise other systems;
• promote or assist illegal activity, including hacking guides, credential dumps, and access to systems, services or networks without the owner’s consent;
• attack anyone: denial-of-service traffic, amplification or reflection, mass port scanning, brute-forcing credentials, or anything else that disrupts our network, a customer, or an outside network;
• send unsolicited bulk email, operate snowshoe or hit-and-run mail infrastructure, advertise or sell spam tools or lists, or engage in spamdexing and scraper sites;
• run anonymous proxy or VPN exit services on our network;
• operate torrent trackers, seedboxes or other file-sharing services that publish files uploaded by other people. Distributing files you own, or hold a licence to distribute, is a supported use;
• spider, harvest or otherwise collect personal data without a lawful basis and the consent of the people concerned, or store sensitive personal data unlawfully;
• phish, impersonate another person or organisation, spoof email headers or network packets, or announce address space you do not hold;
• run fraudulent shops, fake investment or trading schemes, pyramid or Ponzi structures, or any other operation built to deceive people out of money or credentials;
• distribute pharmaceuticals, controlled substances, weapons or other regulated goods without the licences that trade requires, or advertise them;
• publish content advocating violence, terrorism, or hatred on grounds of race, ethnicity, religion, sex, orientation or disability;
• infringe copyright, trade marks or other intellectual property, or provide the means for others to do so;
• run software or scripts that knowingly degrade the performance of our infrastructure, or automate the mass creation of accounts, messages or registrations.

Abuse reports reach us through the contact form at isbaremetal.com, and every one of them is read. We will forward a report to you and expect a substantive answer within the time the report allows: usually 24 hours, immediately where the activity is ongoing and damaging. Failure to cooperate with an investigation is itself grounds for suspension.

Where the breach is serious (illegal content, an active attack, fraud), we suspend first and explain afterwards, and termination in those cases carries no refund.

Spam is treated the same way. Port 25 is open by default, and the first spam complaint against your server ends the Services, without a prior warning and without a refund.

If you provide services to your own customers on our infrastructure, you are responsible for them. You must be able to identify them, and the rules you apply to them must be no weaker than this section.

5. Sanctions compliance

We comply with the restrictive measures of the European Union, the United Nations, the United Kingdom and the United States. We do not provide Services to, and do not accept payment from, persons designated under those measures, or persons established or resident in Russia, Belarus, Iran, North Korea, Syria, Cuba, the Crimea region or the non-government-controlled areas of Ukraine.

You confirm that neither you, nor your directors or beneficial owners, nor anyone on whose behalf you use the Services, is subject to such measures or located in those jurisdictions, and that you will not use the Services to supply anyone who is.

Payment is accepted by card (Visa or Mastercard), bank transfer or PayPal from an account in your own name. This is a compliance requirement, not a preference.

Tell us without delay if your ownership or control changes. On request we may require documents verifying your identity, ownership or use of the Services within three business days, and may suspend or terminate the Services where a sanctions obligation, or a bank or payment institution acting on one, requires it.

6. Invoicing and payment

• Invoices are issued monthly and paid in advance: each one covers the coming month and is due on issue. Keep your payment details current.
• An invoice unpaid four days after issue may lead to suspension of the associated Services without further notice.
• A suspended service may be terminated seven days after suspension, and the data on it deleted.
• Reconnecting a service that was suspended for non-payment may carry a reconnection fee of $50.
• Taxes, bank charges and currency fees are yours. Where tax applies it is shown separately on the invoice.
• Recurring plans renew automatically until you cancel, so that your servers do not go dark by accident. Cancel before the renewal date to avoid the next charge.
• We may change prices with at least thirty days' notice. Your existing term is not repriced mid-term.

7. Refunds

A first dedicated server carries a seven-day money-back guarantee, counted from provisioning. It applies to first-time accounts: a second account, or a returning one, does not requalify. A breach of this Agreement forfeits it.

Third-party items bought through us, licences and certificates in particular, are not refundable once issued, because we cannot return them either. Paid support hours already worked are not refundable.

Approved refunds are processed within 14 days of the request.

8. Support, and where it stops

We answer questions about the things we operate: the network, routing and announcements, the port, the hardware, the management controller, power and cooling, and provisioning. Hardware that fails is replaced at our cost.

Support runs 24/7, through a ticket in the panel. That is when we are reachable, not a promise of how fast an issue is resolved.

We do not answer questions about your operating system, your packages, your web server, your database, your containers, your firewall rules or your application. Not because we cannot, but because the price you pay reflects a service that stops at the port.

Where you want that work done, we will hand you over to HostiServer, which does it commercially. Anything of theirs that you buy is governed by their terms, billed by them, and entirely optional.

9. Backups are yours

We do not back up your server. There is no snapshot of it, no nightly copy, and nothing to restore from if a disk dies or you delete the wrong directory. Disks fail; assume yours will.

Keep your own backups, off the machine and preferably out of the facility. If you would like backup storage as a product, the group sells it, but it is a separate purchase, and nothing in this Agreement gives you one by default.

10. Maintenance, outages and what we do not promise

We run redundant power and cooling, multi-homed transit and monitoring that wakes a human. We do not publish an uptime percentage, and we do not offer service credits against one.

Maintenance that we can schedule, we announce in advance. Maintenance that we cannot schedule (a failing component, an upstream incident, a security fix that cannot wait) we carry out when needed and tell you as soon as we reasonably can.

Some events are outside our control: upstream failures, transit incidents, denial-of-service attacks, facility events, acts of government. We work through them; we do not underwrite them.

11. Suspension and termination

We may suspend or terminate the Services where:

• an invoice goes unpaid, on the timeline in section 6;
• the order information is false or incomplete;
• section 4 or section 5 is breached;
• traffic from your server is actively damaging the network or a third party, in which case we may act first and tell you immediately afterwards, because the alternative is everyone else’s outage.

Where the situation allows notice and a chance to fix it, you will get both. Wilful abuse, fraud and material illegality do not get that courtesy, and are terminated without refund.

You may cancel at any time, effective at the end of the current billing period. On termination we delete the data on the server; get your copy off first.

12. Disclaimer of warranty

The Services are provided “as is” and “as available”. To the extent permitted by law we disclaim all warranties not expressly given here, including implied warranties of merchantability, fitness for a particular purpose and non-infringement. We do not warrant that the Services will be uninterrupted, error-free or secure against every attack, and we are not responsible for the content of the data you move across, or store on, our infrastructure.

13. Limitation of liability

To the extent permitted by law, our total liability arising out of or relating to the Services is limited to the amount you paid us for the affected Services in the three months before the event giving rise to the claim.

We are not liable for indirect or consequential loss, for lost profit or revenue, or for lost or corrupted data; see section 9, which is why.

Nothing here limits liability that cannot be limited by law, including liability for death or personal injury caused by negligence, or for fraud.

14. Indemnity

You will indemnify us against claims, damages and reasonable costs arising from your use of the Services, from the content you host or the traffic you send, and from your breach of this Agreement, including claims brought by your own customers.

15. Governing law and disputes

This Agreement is governed by the law of the Czech Republic, and the courts of the Czech Republic have jurisdiction over disputes arising from it.

If you are a consumer resident in the European Union, this does not deprive you of the protection of mandatory provisions of the law of your country of residence.

Before anyone files anything, write to us. Most of what reaches a lawyer started as an email nobody answered.

16. Changes to this Agreement

We may amend this Agreement. Material changes are announced at least thirty days before they take effect, to the email address on your account. Continuing to use the Services after that date means you accept the amended terms; if you do not, cancel before it.

Every version carries a date and a version number at the top of this page, so you can tell what changed and when.

17. Contact

Until the dedicated mailboxes are published, everything reaches us through the contact form at isbaremetal.com: sales questions, technical and account matters, abuse reports and compliance requests alike. Say which one it is in the subject line and it gets routed.