Terms of Service

Last updated: 22nd September 2023Effective: 22nd September 2023

1. Acceptance of Terms

This Service Contract ("Contract") is between MetroVPS, a brand of Flarezen Ltd ("We," "Us," or "Our") and the user of MetroVPS services ("You," "Your," "Reseller," "Client," or "Customer"). This Contract encompasses the terms and conditions that govern the use of MetroVPS services.

By utilizing any part of MetroVPS's services, You are agreeing to adhere to the terms outlined in this Contract. This Contract includes important information about service delivery, refunds, SLA conditions, affiliates, acceptable use policies, and more.

2. Eligibility

The Service is provided to authorized individuals or organizations (referred to as "Subscriber" or "You"). Any use of the service is subject to the restrictions listed below. By using the Service, You agree to be bound by all these Terms and Policies. If You do not agree to them, You must immediately cancel your account and may not use or attempt to use the Service thereafter.

If You are an individual Subscriber, these Terms and Policies apply to all persons who gain access through your account. If You are a commercial Subscriber, these Terms and Policies apply to all your employees, agents, and/or customers. In either instance, a violation of these Terms and Policies by anyone using your account will be treated as a violation by You.

3. Account Registration

Upon the successful completion of payment, You will receive an automated receipt from our systems. It is advisable to retain a copy of this receipt for future reference. Your unique customer username will be provided on this receipt, which You should use for any inquiries or correspondence with MetroVPS.

You agree to notify MetroVPS immediately if you become aware of unauthorized use of your account or any breach of security on the Service.

4. Description of Services

MetroVPS aims to promptly deliver all services after signup completion. In the event of any delays, You will be notified via email or telephone, or both. Payment will be deducted upon service delivery.

Orders are delivered electronically via email. For any order-related questions, please contact us at [email protected].

Our customer support operates 24/7, 365 days a year. We typically respond within one hour of receiving your inquiry.

Service Level Agreement (SLA)

If Your service experiences uptime below 99.9% in any given month, You will receive a credit for one free month. To claim this credit, it must be done within 7 days of our monitoring showing uptime below this level. Please note that planned maintenance work is exempt from this guarantee. Dedicated servers do not currently have an SLA. Uptime levels are calculated using our status page and monitoring systems exclusively.

Backups

MetroVPS performs daily backups, but these backups are not guaranteed. They are strictly for our use in case of server failures. We recommend that clients also back up their data to their personal computers or storage servers. Clients are responsible for their own data. A $50 one-time fee is charged for backup restoration. If You need backup for a suspended account, You need to pay a $50 one-time fee. We keep terminated account backups for 2 days only.

5. Payments & Billing

We do not impose additional charges on customers using VISA or Mastercard card schemes. The final price remains the same, regardless of the payment method.

Refunds

If You are dissatisfied with any aspect of our service, please contact our support department, who will attempt to resolve the issue. If the problem cannot be resolved and You remain unsatisfied, You are entitled to a refund within 30 days. Please note that refunds are not available for .COM, .NET, .ORG, or any other domain names, SSL Certificates, Domain Transfer In fees, Domain Transfer Out fees, or any other products or services provided by MetroVPS through third-party companies.

No refunds are provided for VPS or Dedicated servers under any circumstances, except as may be explicitly provided in the Acceptable Use Policy or Terms and Conditions. No refunds will be made if we terminate your hosting or other services due to a violation of our Acceptable Use Policy or any other violation of our Terms and Conditions, except as may be provided therein. Your statutory rights remain unaffected.

Non-Refundable Items

  • Credit on your account cannot be refunded and must be used for purchases and renewals
  • Setup fees are non-refundable
  • Accounts purchased under a promotion, with or without a promo code, are excluded from the 30 Days money-back guarantee
  • Excess funds sent to MetroVPS can only be reimbursed in the form of credit and cannot be refunded

Late Payments & Cancellations

Cancellation requests must be submitted through the client area. Click the icon next to the package you wish to cancel and then press 'Request Cancellation.' You must complete and submit the form. Immediate cancellation means your service will be terminated within 1 minute of submitting the form. You are responsible for ensuring that any PayPal subscriptions are canceled. No other forms of cancellation are accepted.

Cancellations must be submitted before the invoice for that billing cycle is due. Failure to do so will result in the invoice becoming due. Cancellation requests can only be submitted if the account has no overdue invoices. Dedicated server cancellations must be submitted a minimum of 7 days prior to the renewal date, or you may be charged for the next billing period.

Vouchers

Only one voucher can be used per transaction. If the order value is lower than the voucher value, the remaining amount is lost. Vouchers are restricted to one per customer and can be redeemed against Shared, Reseller, or Dedicated services.

6. Acceptable Use Policy

You agree to use our Services only for lawful purposes and in accordance with these Terms. You are solely responsible for all content and activities that occur under your account.

Resource Usage

Clients agree not to run processes on their VPS that create a CPU load above 0.9 on the VPS for an extended period or which cause a high CPU load on the host node. Disruptive CPU usage may result in a reboot, shutdown, and/or suspension of the VPS.

VPN & Proxy Policy

We want to make it clear that the use of VPNs (Virtual Private Networks) and proxy servers on our VPS services is not allowed unless expressly permitted in a separate agreement with the Company. This policy is in place to ensure the security and integrity of our network and to prevent any misuse of our services. We strictly prohibit activities such as bypassing security measures, engaging in illegal activities, network abuse, and email abuse through VPNs or proxy servers on our VPS. We take violations of this policy seriously and may take appropriate action, including suspension or termination of VPS services, as well as legal action if necessary.

Security Obligations

  • You must keep your server software and applications updated
  • You are responsible for configuring appropriate security settings
  • You must not attempt to breach or circumvent any security measures
  • You must report any security vulnerabilities you discover

7. Prohibited Activities

Important: The following activities are strictly prohibited and may result in immediate account termination without refund.

You may not use our Services for:

  • Illegal activities or violation of any applicable laws
  • Distribution of malware, viruses, or malicious code
  • Unauthorized access to systems or networks (hacking)
  • Distributed Denial of Service (DDoS) attacks
  • Phishing, fraud, or identity theft
  • Spam distribution or bulk unsolicited email
  • Cryptocurrency mining without explicit authorization
  • Tor exit nodes or open proxies
  • Copyright infringement or piracy
  • Network scanning or port scanning without authorization
  • Any activity that harms our network, infrastructure, or other customers

You agree to be liable for any damages or loss of service resulting from spamming or other violations. These damages may include system shut-downs, retaliatory attacks, loss of peering arrangements, and more. MetroVPS may pursue such claims in Court.

8. Termination

You agree to comply with these Terms and Policies. Any violation may lead to suspension or termination of your account. Grounds for suspension or termination include, but are not limited to:

  • Violation of these Terms or Acceptable Use Policy
  • Non-payment of fees or overdue invoices
  • Spamming or network abuse
  • Conduct that harms our Services or other users
  • Use of VPNs or proxy servers without express permission

Effect of Termination

Upon termination, your right to use the Services immediately ceases. We may delete your data and content in accordance with our data retention policy. You are responsible for backing up your data prior to termination. No refunds will be made if we terminate your services due to a violation of our Acceptable Use Policy or any other violation of our Terms and Conditions.

Control Panels

MetroVPS provides the use of control panels free of charge, but any charges incurred due to misuse or abuse on your part may be passed on to You. The Service is provided for as long as You wish to use it; however, MetroVPS reserves the right to terminate the service if it is used in a way that violates the terms of use.

9. Limitation of Liability

Your use of the Service is at your own risk. Except for information, products, or services explicitly provided by MetroVPS, neither MetroVPS nor its affiliates control, provide, operate, or are in any way responsible for information, products, or services accessible through the Service. MetroVPS does not endorse third-party materials and is not responsible for any loss or damage caused by your use of such materials. You are solely responsible for your postings and agree to indemnify MetroVPS and its employees, customers, and subscribers from any claims arising from your postings.

If You use the Service for voice communications, MetroVPS is not acting as a telecommunications carrier or telephone service provider. There is no representation made by MetroVPS regarding the suitability of the Service for such use. All risks related to connection, transmission quality, and accuracy of communications are solely on You. MetroVPS has no liability for the failure or quality of such use of the Service.

In no event will MetroVPS have financial liability to You.

Disclaimer of Warranties

METROVPS MAKES NO EXPRESS OR IMPLIED WARRANTIES REGARDING THE SERVICE, INCLUDING WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. NO ORAL ADVICE OR INFORMATION GIVEN BY METROVPS OR ITS EMPLOYEES SHALL ALTER THIS SECTION.

THE SERVICE AND ANY SOFTWARE PROVIDED TO YOU ARE PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS; METROVPS DOES NOT WARRANT THEY WILL BE ERROR-FREE OR UNINTERRUPTED. METROVPS DOES NOT GUARANTEE THE SECURITY OR BACKUP OF YOUR DATA.

10. Changes to Terms

These Terms and Policies may be amended at any time by MetroVPS, with amendments posted on the terms of use section of the Service. Your continued use of the Service after such amendments will be considered consent to the updated Terms and Policies. If You do not wish to continue using the Service due to amended Terms and Policies, You may terminate your use of the Service by notifying MetroVPS.

11. Contact Information

If you have any questions about these Terms, please contact us at [email protected]. Our customer support operates 24/7, 365 days a year.

Business Hours

24/7 Support Available

Governing Law & Disputes

These Terms and Policies are governed by Bangladeshi laws and International Laws. Any dispute between You and MetroVPS arising from your use of the Service or your subscription will be submitted to binding arbitration under Bangladeshi law and International Law.