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, conditions, and usage limitations below.
• 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.

Usage Limits for Refund Eligibility

Refunds are NOT available if any of the following usage limits are exceeded:

• Network Traffic (Primary): More than 500 GB of total data transfer (inbound + outbound combined)
• Network Speed Utilization: Sustained network usage exceeding 100 Mbps for more than 30 minutes
• CPU Usage: Average CPU usage exceeding 25% for more than 1 hour cumulative
• Boot Drive Usage: More than 75% of allocated SSD boot drive space consumed
• Time Limit: VPS has been active for more than 7 days from initial deployment
• Service Utilization: Active use of storage VPS for production workloads, data migration, or extensive testing

Abuse Protection - Automatic Refund Disqualification

• Policy Violations: Any violation of our Acceptable Use Policy automatically disqualifies refund eligibility
• Malicious Activity: Attempted hacking, port scanning, spam, or other malicious activities
• Resource Abuse: Cryptocurrency mining, excessive resource consumption, or denial of service activities
• Chargeback Abuse: Customers who initiate chargebacks or payment disputes are permanently ineligible for future refunds
• Multiple Accounts: Creating multiple accounts to circumvent refund limitations
• Reseller Activity: Using VPS for commercial reselling without authorization

Important: Services purchased using coupon codes are not eligible for refunds. Usage monitoring begins immediately upon VPS deployment. BulkVM maintains detailed logs of all resource usage and system activity for dispute resolution. For refund inquiries, please contact our customer billing team with detailed justification.

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

Port Speed vs. Actual Throughput: BulkVM offers network port speeds of 1Gbit, 2.5Gbit, 5Gbit, and 10Gbit. These represent the maximum theoretical connection speeds, NOT guaranteed throughput speeds.

• Port Speed Definition: Port speeds indicate the maximum bandwidth capacity of the network interface, similar to a speed limit on a highway
• No Speed Guarantees: BulkVM makes NO guarantees regarding actual throughput speeds achieved by customer applications
• Shared Infrastructure: All network connections are shared among multiple customers and subject to network congestion
• Variable Performance: Actual speeds depend on numerous factors outside BulkVM's control including but not limited to:

• Customer server configuration, hardware limitations, and software optimization
• Operating system network stack configuration and driver limitations
• Application-specific bandwidth utilization and protocol efficiency
• Geographic distance and routing paths to destination servers
• Internet service provider limitations at customer's location
• Global internet congestion and peering arrangements
• Network protocol overhead (TCP, HTTP, SSL/TLS encryption)
• Firewall, security software, and network optimization settings

• Fair Use Policy: BulkVM may limit or throttle speeds for users exceeding fair usage thresholds to ensure network quality for all customers
• Network Testing: Speed tests should be conducted using multiple testing methods and servers. Single test results do not constitute proof of network performance issues
• No SLA: Port speeds do not constitute a Service Level Agreement (SLA) or performance guarantee of any kind
• Customer Responsibility: Customers are responsible for optimizing their server configurations and applications to achieve desired performance

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. No Service Level Agreement (SLA)

11.1 No SLA or Service Guarantees

IMPORTANT NOTICE: BulkVM does NOT provide, offer, or guarantee any Service Level Agreement (SLA) or uptime commitments for any services offered.

• No Uptime Guarantees: BulkVM makes no guarantees regarding server uptime, availability, or accessibility
• No Performance Guarantees: No guarantees are provided for server performance, speed, response times, or throughput
• No Availability Commitments: Services may experience downtime, maintenance, or interruptions without notice or compensation
• No Response Time Guarantees: Support response times are provided on a best-effort basis with no guaranteed timeframes
• No Network Reliability Guarantees: Network connectivity, stability, or quality is provided without guarantees or commitments

11.2 Service Delivery Basis

• Best Effort Basis: All services are provided on a "best effort" basis without warranty or guarantee
• No Compensation: Customers are not entitled to service credits, refunds, or compensation for downtime or service interruptions
• Maintenance Windows: BulkVM reserves the right to perform maintenance, updates, or repairs that may cause service interruptions
• Hardware Failures: Server hardware may fail without notice, potentially causing data loss or extended downtime
• Network Issues: Internet connectivity issues, routing problems, or provider outages may affect service availability

11.3 Customer Responsibilities

• Backup Requirements: Customers must maintain their own backups and disaster recovery plans
• Business Continuity: Customers are responsible for implementing redundancy and failover solutions if required
• Critical Applications: BulkVM services should not be used for mission-critical applications requiring guaranteed uptime
• Due Diligence: Customers acknowledge they understand no SLA exists and accept all risks associated with service usage
• Alternative Providers: Customers requiring SLA guarantees should consider alternative hosting providers that offer such commitments

11.4 Marketing Language Disclaimers

IMPORTANT LEGAL NOTICE: All marketing language, promotional content, and descriptive terms used on BulkVM's website, documentation, and communications are for general informational and promotional purposes only. These materials do not constitute binding commitments, guarantees, or service level agreements.

• Marketing Terms: References to "enterprise-grade," "24/7 support," "maximum uptime," "ensuring reliability," "our commitment," "our promise," and similar promotional language are marketing descriptions, not contractual obligations
• Performance Descriptions: Terms like "exceptional performance," "network stability," "high availability," and "optimal routing" describe intended operational goals, not guaranteed outcomes
• Support References: "24/7 support" and "expert assistance" indicate availability windows and staff qualifications, not guaranteed response times or resolution commitments
• Infrastructure Terms: "Enterprise-grade," "state-of-the-art," and similar facility/equipment descriptions reflect industry-standard classifications, not performance warranties
• Commitment Language: References to "our promise," "commitment," "ensuring," and "delivering" express business intentions and service goals, not contractual guarantees

11.5 Explicit Disclaimers

By using BulkVM services, customers explicitly acknowledge and agree that:

• No Service Level Agreement (SLA) exists in any form
• No uptime, availability, or performance guarantees are provided
• Services may be unavailable or interrupted without notice or compensation
• BulkVM is not liable for any losses resulting from service downtime or unavailability
• Customers use services entirely at their own risk and discretion
• No implied warranties or guarantees exist beyond what is explicitly stated in these Terms of Service
• All marketing language and promotional content is subject to the disclaimers and limitations set forth in this agreement
• Only the terms explicitly stated in this Terms of Service document constitute binding obligations

12. Unmanaged Hosting Services

12.1 Unmanaged Service Definition

IMPORTANT NOTICE: BulkVM provides 100% unmanaged hosting services. This means BulkVM is responsible ONLY for the underlying hardware infrastructure and network connectivity. All server management, operating system administration, software configuration, and application support is the sole responsibility of the customer.

12.2 BulkVM Support Scope (What We DO Support)

• Hardware Issues: Physical server hardware failures, replacement, and repairs
• Network Connectivity: Internet connection, routing issues, and network infrastructure problems
• Datacenter Issues: Power outages, cooling problems, and facility-related matters
• Hypervisor Problems: Host-level virtualization issues affecting VPS performance
• Control Panel Issues: Problems with BulkVM's customer management portal or billing system
• Service Provisioning: Initial VPS deployment, IP allocation, and account setup

12.3 Customer Responsibility (What We DO NOT Support)

• Operating System Issues: OS installation, configuration, updates, patches, and troubleshooting
• Software Installation: Installing, configuring, or troubleshooting any software applications
• Security Configuration: Firewalls, security software, malware removal, and intrusion detection
• Performance Optimization: Server tuning, application optimization, and resource allocation
• Data Management: Backups, data recovery, file permissions, and database administration
• Email Configuration: Email server setup, DNS configuration, and mail routing (email ports are blocked)
• Web Server Configuration: Apache, Nginx, IIS, or any web server setup and troubleshooting
• Application Support: WordPress, databases, control panels, or any third-party software
• Server Administration: User accounts, SSH keys, cron jobs, and system administration tasks
• Network Configuration: Internal server networking, VPN setup, or custom routing within the VPS
• Monitoring and Alerting: Setting up server monitoring, log analysis, or custom alerting systems

12.4 Support Response and Limitations

• Infrastructure Only: Support tickets regarding customer OS, software, or configuration issues will be closed with a reference to this policy
• No Remote Access: BulkVM staff will not access customer VPS instances for troubleshooting or configuration
• No Installation Services: We do not provide software installation, configuration, or "how-to" guidance services
• No Performance Guarantees: Customer application performance issues are outside our support scope
• No Data Recovery: BulkVM does not provide data recovery services for customer files or databases

12.5 White Glove Services (Optional Premium Support)

While BulkVM provides unmanaged hosting services, we offer optional premium "White Glove" support for customers who require hands-on technical assistance with operating system and software-related tasks.

White Glove Service Scope:

• Operating System Support: OS installation, configuration, updates, and troubleshooting
• Software Installation: Installing and configuring applications, web servers, databases
• Security Configuration: Firewall setup, security software, and hardening procedures
• Performance Optimization: Server tuning, resource allocation, and performance analysis
• Application Troubleshooting: WordPress, control panels, and custom application support
• Server Administration: User management, SSH configuration, and system administration
• Migration Assistance: Data migration, server moves, and configuration transfers

White Glove Service Terms:

• Advance Payment Required: White Glove services must be paid in advance before work begins
• Minimum Billing: All work is billed in 1-hour minimum increments, rounded up to the nearest hour
• Scope Agreement: Work scope must be agreed upon before service begins
• No Guarantees: White Glove services are provided on best-effort basis without outcome guarantees
• Additional Hours: If work exceeds initial estimate, customer will be notified before additional billing
• Remote Access Required: Customer must provide necessary access credentials for remote work
• Data Backup Responsibility: Customer is responsible for backing up data before White Glove work begins

Ordering White Glove Services: Customers can request White Glove services by opening a support ticket specifying the required work. Payment must be submitted before work begins. Contact support@bulkvm.com for White Glove service requests.

12.6 Customer Acknowledgment

By ordering BulkVM services, customers explicitly acknowledge they understand this is unmanaged hosting and accept full responsibility for all server administration tasks. Customers requiring ongoing managed services should consider alternative hosting providers that offer such services. White Glove services are available as optional premium support for specific tasks only.

13. Customer Code of Conduct

13.1 Professional Communication Standards

BulkVM expects all customers to maintain professional, respectful communication in all interactions with our staff, including support tickets, emails, phone calls, and any other correspondence.

• Respectful Language: Customers must use respectful, professional language in all communications
• No Abusive Behavior: Harassment, threats, profanity, or abusive language toward BulkVM staff is strictly prohibited
• No Discrimination: Discriminatory language based on race, gender, religion, nationality, or other protected characteristics is forbidden
• Reasonable Requests: Support requests must be reasonable and related to BulkVM services within our support scope
• No Spam Communication: Excessive, repetitive, or unnecessary support tickets, emails, or calls are prohibited

13.2 Support Ticket Etiquette

• One Issue Per Ticket: Submit separate tickets for unrelated issues to ensure proper handling
• Clear Descriptions: Provide clear, detailed descriptions of issues including relevant error messages
• Reasonable Response Time: Allow reasonable time for staff response before submitting duplicate tickets
• Follow Support Scope: Understand that requests outside our unmanaged hosting scope will be declined
• No Demanding Language: Avoid demanding immediate responses, escalations, or unreasonable accommodations

13.3 Prohibited Customer Behaviors

• Threats or Intimidation: Any threats of violence, legal action, negative reviews, or other intimidation tactics
• Verbal Abuse: Yelling, screaming, profanity, or other abusive language in phone calls or written communication
• Harassment: Repeatedly contacting staff after being asked to stop, or contacting multiple staff members about the same issue
• False Claims: Making false statements about services, staff, or company practices
• Unreasonable Demands: Demanding services outside our scope, immediate responses, or special treatment
• Chargeback Threats: Threatening chargebacks or payment disputes as a negotiation tactic
• Social Media Harassment: Posting false, defamatory, or harassing content about BulkVM on social media platforms

13.4 Enforcement Actions

BulkVM reserves the right to take immediate action against customers who violate this Code of Conduct:

• Warning: First violations may result in a formal warning and documentation
• Support Restrictions: Customers may be restricted to email-only support or limited support interactions
• Account Suspension: Serious violations may result in immediate account and service suspension
• Service Termination: Repeated or severe violations will result in permanent service termination without refund
• Legal Action: Threats, harassment, or illegal behavior may result in legal action and law enforcement involvement
• No Refund Policy: Customers terminated for Code of Conduct violations forfeit all refund eligibility

13.5 Staff Protection Policy

• Zero Tolerance: BulkVM maintains zero tolerance for abuse, harassment, or mistreatment of staff
• Immediate Termination: Abusive customers will have services terminated immediately without notice
• Staff Safety Priority: Staff have authority to end abusive communications and escalate to management
• Documentation Required: All violations will be documented for future reference and potential legal action

13.6 Appeal Process

Customers who believe they have been wrongly sanctioned may submit a written appeal to management@bulkvm.com within 7 days of the action. Appeals must be professional, factual, and acknowledge the specific behavior in question. BulkVM's decision on appeals is final.

14. 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 ZFS HDD 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 such as:

• Transactional Email: SendGrid, Mailgun, Amazon SES, Postmark
• Business Email: Google Workspace, Microsoft 365, Zoho Mail
• Marketing Email: Mailchimp, Constant Contact, ConvertKit

These services are specifically designed for email delivery and provide better deliverability, compliance, and support than hosting your own email server.

15. 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.

16. 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.

This document contains additional sections covering Content Policies, Abuse Policies, Legal Use requirements, and other important terms. The complete Terms of Service agreement governs your use of BulkVM services and supersedes all prior communications.