Terms of Service

1. Introduction

This Terms of Service agreement is between you (the customer, including any authorized agents or representatives) and BULKVM LLC (referred to as "we," "us," "our," "BulkVM," "BULKVM," or "BulkVM.com"). This agreement covers the services offered by BulkVM, generally falling under the category of website server hosting.

2. Changes to Terms

BulkVM reserves the right to modify these terms of service at any time, with or without notice.

3. IP Address Policy

• IP addresses are assigned as per ARIN policy.
• 1 IP address is included free of charge with each virtual private server.
• All IP addresses remain BulkVM property.
• IP address assignments may be revoked upon service cancellation, suspension, non-use, or usage inconsistent with ARIN or BulkVM policies.

4. Order Denial and Refund Policy

4.1 Order Denial

• BulkVM reserves the right to deny any order flagged as potentially fraudulent by our third-party payment processors or fraud detection systems.
• Fraud Detection: Orders may be screened by third-party payment processors.
• Immediate Denial: Suspicious orders will be immediately denied.
• Notification: Customers will be notified via email if their order is denied due to fraud concerns.

4.2 Refund Policy

• BulkVM may issue refunds at its discretion under the following conditions:
• Fraudulent Orders: Prompt refund to the original payment method.
• Service Dissatisfaction: 7-day money-back guarantee, subject to billing terms and conditions.
• Discretionary Refunds: For service issues, billing errors, or exceptional circumstances.
• No Refunds on Orders in Processing:: Refunds will not be issued for orders that are currently being processed.
• New Customers Only: Refunds are applicable only to new customers and their first order.
• Important: Services purchased using coupon codes are not eligible for refunds.
• For refund inquiries, please contact our customer billing team.

5. Service Period

• Services are billed on a month-to-month basis unless otherwise arranged.
• No long-term commitment is required from either party.
• BulkVM may offer promotional rates for annual service commitments.

6. vCore Usage and CPU Utilization

BulkVM reserves the right to implement and enforce a fair share policy for equitable vCore usage among all users. All storage VPS plans include shared CPU cores. Customers are permitted to utilize 100% of their allocated CPU for short periods to run backups, compile software, conduct benchmarks, or perform similar short-term, intensive tasks. However, the average CPU usage for a VPS customer should not exceed 25%. Utilizing more than 25% of the allocated CPU for a period longer than 1 hour is prohibited and may result in suspension or termination of service without refund. BulkVM retains the right to monitor and enforce these usage limits to ensure fair resource allocation for all users.

7. Cancellation Notice

• Users may cancel their service at any time.
• To avoid unwanted charges, cancel any automatic payments and provide advance notice of cancellation.

8. Invoices and Payments

• Invoices are sent approximately 10 days before service rebilling.
• Services not paid for by the start of the monthly billing cycle risk suspension or termination.
• A $25.00 Reactivation Fee may apply to servers suspended for late or non-payment.
• Chargebacks will result in immediate service suspension. A replacement payment plus a minimum $35 chargeback fee is required for service resumption.
• Multiple chargebacks may lead to service termination at BulkVM's discretion.

9. Pricing Policies

9.1 Price Changes

• BulkVM reserves the right to change service prices at the start of a customer's next billing cycle.
• Price increases may occur due to external factors affecting our costs.

9.2 New Order Pricing

• Listed prices are valid for new server orders only.
• Prices may not be applied to existing orders.

9.3 Special Offers

• Promotional pricing may be offered to select customers or groups.
• These offers are exclusively valid for the intended recipients.

10. Bandwidth Policies

10.1 Network Port Speeds

• Offered speeds: 1Gbit, 2.5Gbit, 5Gbit, and 10Gbit.
• Speeds are shared and subject to fair use policies.
• BulkVM may limit or throttle speeds for users exceeding fair usage thresholds.

10.2 Additional Bandwidth

• Customers can purchase additional bandwidth at $5 per 5TB.

10.3 Metered Usage

• Services include metered bandwidth with a monthly transfer limit.
• Customers are responsible for monitoring their usage.
• Exceeding limits may require plan upgrades or additional bandwidth purchases.
• Failure to comply may result in connection speed limitations or service suspension.

10.4 Unmetered Inbound Bandwidth

BulkVM offers unmetered inbound bandwidth for all services, allowing customers to receive unlimited data without incurring additional charges. However, BulkVM may limit or throttle speeds for users exceeding fair usage thresholds to ensure equitable resource distribution among all customers. This ensures that you can scale your operations without worrying about bandwidth limitations.

11. Email Policies

BulkVM maintains a strict no-email policy for all our VPS services. All outbound email ports (25, 465, 587) are permanently closed on our network, without exception. This policy is in place for the following reasons:

1. Prevent Abuse: Closing these ports is primarily to prevent potential abuse by spammers. This protects our network reputation.

2. Focus on Core Services: As a storage-focused VPS provider, we've chosen to specialize in what we do best. By not offering email services, we can dedicate all our resources and expertise to providing exceptional storage solutions.

3. Simplified Management: This policy allows us to maintain a more streamlined and efficient network infrastructure, reducing complexity and potential issues related to email services.

For clients requiring email functionality, we recommend using reputable third-party email providers.

12. Contact Information

• BulkVM may contact customers regarding billing, technical, or administrative issues.
• Customers must maintain a working phone number and email address on file.
• Contact information will not be shared with outside parties, except as required by law or to provide agreed-upon services.

13. Data Request Policies

BulkVM prioritizes customer privacy.

• Customer information will only be shared when required by law or with customer consent.
• Valid subpoenas, court orders, search warrants, or preservation requests should be submitted to abuse@bulkvm.com.
• Emergency requests are only for cases of imminent serious bodily harm or death.
• BulkVM may seek reimbursement for costs in responding to requests.

14. Content Policies

14.1 Content Monitoring

• BulkVM does not regularly monitor content for violations.
• Action may be taken upon discovery of violations, including warnings, suspension, or notification to authorities.
• Resource usage (bandwidth, RAM, CPU, disk space, etc.) is monitored for billing and service reliability.

14.2 Adult Content

• Legal adult content is generally allowed.
• Prohibited: "Non-nude model" or "upskirt" websites sexualizing minors, non-consensual adult content.

14.3 BitTorrent

• Legal BitTorrent usage is allowed.
• US copyright laws must be followed.
• Frequent DMCA complaints may result in service suspension without refund.

14.4 IRC

• Strictly prohibited due to high DoS attack risk.
• Violations may result in temporary or permanent service suspension.

14.5 Proxies

• Allowed for private use only.
• Public use of proxies is prohibited.
• Frequent abuse issues may lead to service suspension.

14.6 TOR Relays

• Operating TOR relays on the BulkVM network is strictly prohibited.

14.7 Unauthorized or Pirated Software

• Use or distribution of "nulled" scripts, pirated software, or illegally modified software is prohibited.
• Violations may result in service termination without refund.

15. Abuse Policies

15.1 Account Use

• Accounts and passwords are for customer use only.
• Customers are responsible for account security.
• BulkVM will only request passwords through the secure ticketing system.

15.2 Reselling Policy

• Reselling BulkVM services is permitted.
• Resellers are responsible for client support, billing, and management.
• Resellers are accountable for client activities and violations.

15.3 Cryptocurrency Mining

• Strictly prohibited due to excessive resource consumption.
• Violations may result in immediate service termination.

15.4 Denial of Service (DoS) Attacks

• Using BulkVM services for DoS attacks is prohibited.
• BulkVM may take action to mitigate DoS attacks targeting customers.
• Frequent targets of DoS attacks may face service suspension.

15.5 Spam

• Sending unsolicited commercial email (spam) is prohibited.
• Legitimate opt-in mailing lists are allowed.
• Repeated offenses may lead to service suspension.

15.6 Phishing

• Running phishing sites is strictly prohibited.
• Unknowing hosts must take down such sites immediately.
• Repeat offenders risk permanent service suspension.

15.7 Digital Millennium Copyright Act (DMCA)

• Services receiving disproportionate DMCA complaints may face suspension or termination.
• BulkVM may provide warnings for corrective action.

16. Compliance with Upstream ToS and AUP

• Customer services may be suspended or terminated if actions violate upstream providers' policies.
• BulkVM may take action if customer activities harm business relationships with upstream providers.

17. Service Level Agreement (SLA) Disclaimer

• No formal SLAs are offered.
• Services are provided on an "as-is" basis.
• Service credits for disruptions may be granted at BulkVM's discretion.

18. Legal Use

BulkVM services may only be used for legally permissible purposes.

• Prohibited uses include, but are not limited to:
• Illegal defamation or slander
• Copyright violations
• Distribution of child pornography
• Transmitting threatening messages
• Trademark or patent law violations
• Denial of service attacks
• Unauthorized hacking attempts
• Actions incurring legal liability for BulkVM
• Any other activities inconsistent with applicable law

19. Legal Jurisdiction

Legal actions fall under the jurisdiction of Maricopa County, Arizona, USA, unless prohibited by law.

US federal laws and Arizona state laws may apply.

20. Backups and User Data

• BulkVM does not provide data backups or disaster recovery services.
• Customers are solely responsible for their own data and backups.
• BulkVM is not liable for any data loss.

21. Technical Support and Server Management

• BulkVM provides unmanaged VPS solutions.
• Customers have full root access and are responsible for server management.
• BulkVM focuses on infrastructure maintenance, not individual server management or software issues.

22. Legal Definitions and Terms

22.1 Definitions

• Services: Website server hosting, dedicated servers, network connectivity, etc.
• User: Any individual or entity using BulkVM's services.
• Content: Any data, information, or material on the services.
• Account: The user account created to access and use services.

22.2 User Responsibilities

• Users agree to:
• Provide accurate account information
• Maintain account security
• Comply with applicable laws and regulations
• Ensure content doesn't violate third-party rights or laws

22.3 Acceptable Use Policy

• Users agree not to:
• Engage in illegal activities
• Upload harmful, threatening, or objectionable content
• Harm minors
• Interfere with services or connected networks
• Attempt unauthorized access to services or systems

23. Indemnification

Users agree to indemnify, defend, and hold harmless BulkVM, its officers, directors, employees, and agents from:

• Claims arising from use of services
• Violations of Terms of Service
• Violations of third-party rights
• Claims that user content caused damage to a third party

This obligation survives termination of service use.

24. Termination

• BulkVM may terminate or suspend accounts without prior notice for any reason.
• Users may terminate their account by discontinuing service use.

25. Modification of Terms

BulkVM reserves the right to modify these Terms at any time.

Material changes will be communicated with 30 days' notice when possible.

Continued use of services after changes constitutes acceptance of new terms.

26. Limitation of Liability; Waiver and Release

• Services are provided "AS IS" without warranties.
• BulkVM is not liable for any damages arising from service use.
• Maximum liability is limited to the amount charged for services during the claimed damage period.

27. Legal Age

Users attest they are of legal age to enter into this Agreement.

28. No Agency Relationship

This Agreement does not create any agency, partnership, or joint enterprise between parties.

29. Waiver

Failure to enforce any provision does not waive the right to enforce it later.

30. Enforceability

If any provision is found unenforceable, the rest of the Agreement remains valid.

31. Force Majeure

Neither party is liable for failures beyond their control, including natural disasters, war, labor disputes, or government actions.

32. Final Agreement

This Agreement, with all modifications, constitutes the complete agreement between users and BulkVM, superseding all prior communications.

33. Headings

Section headings are for convenience only and do not define or limit the scope of sections.

34. Notices

Users agree that notices from BulkVM delivered to their provided contact information are considered valid.