Suspension

Violation of these terms of service could result in suspension or termination of service depending upon the circumstances. Suspension means that your server is put into a limbo state and is unreachable through any means. During suspension no files are lost or altered. Servers found to be running any script or process which is used for illegal/malicious activity or to send spam will almost always be suspended without notice to prevent further damage. Vulnerable software must be patched or removed, and steps taken to ensure the server has been secured in order for us to restore your service. Reports of spam are taken very seriously usually resulting in immediate server suspension and investigation without notice. We reserve the right to suspend any or all servers held by you without notice if we deem it necessary to do so. Repeat or serious offenses may result in termination, where all data on the server may be removed so that the server can be reprovisioned. On our part, we guarantee that we will always follow due diligence unless otherwise obligated by our providers or the appropriate authorities.

Payment

All payments are expected to be paid on-time without exception unless previous arrangements have been made, and agreed upon by all parties. Customers will be given a minimum of 3 days notice before any payment is due, with the exception of monthly recurring charges, where the due date will be the beginning of the service period. Failure to make payments on-time will result in suspension or termination.

Cancellation

Notice of cancellation must be provided in writing by one of the administrative contacts listed on your account in the form of an e-mail to our sales or support e-mail addresses, a minimum of 1 full business day before the end of the current service period. Once we have received your notice of cancellation, we will confirm by e-mail and inform you of any outstanding charges on the account. If you do not receive a confirmation e-mail within 1 hour, please contact us immediately.

Service Level Agreement

Catserver has a 99.5% network uptime guarantee. For every hour of downtime that exceed the network uptime guarantee, you will be refunded one day’s worth of service, up to a maximum of half your monthly fee. Refunds for hardware downtime may be given at the discretion of management for servers with redundant RAID hard drive configurations only.

Refund Policy

Refunds will only be given under limited circumstances, solely at the discretion of management unless stated explicitly by us in written or published form.

New Service that satisfies all following conditions can receive full refund.

• Service was activated within 7 days.
• The service was not violating Acceptable Use Policy.
• The service was not explicitly stated as non-refundable.
• The Service was using less than 20% of the allocated monthly bandwidth traffic.

Existing Service can be partially refunding the remaining value with proper justification. Please contact support for partial refund inquiry. The actual amount of partial refund will be equal to the remaining value minus the payment gateway processing fee:

• PayPal: 0.4CAD
• Stripe: 0.3CAD

Existing Service that satisfies one of the following conditions are not eligible for partial refund (New Service excluded).

• The Service was violating Acceptable Use Policy
• The Service was using more than 20% of the allocated monthly bandwidth traffic.
• The Service’s IPv4 or IPv6 address has been blacklisted by country outside of Canada.
• The service was not explicitly stated as non-refundable.

Acceptable Use Policy

Customers are responsible for ensuring all use of our services are compliant with laws and regulations of the country of Canada, as well as all other applicable jurisdictions. Failure to comply may result in suspension until appropriate measures have been taken to ensure compliance. Repeat offenders may have their services terminated with no refund of payment. Spamming, denial of service attacks, and attempts to compromise other hosts on the Internet are strictly prohibited. violators of this agreement who commit serious violations may have their related information and server data provided to the Royal Canadian Mounted Police (RCMP) for further investigation.

We do not tolerate the following activities on our servers:

• Spamming (including unsolicited email, search engine spam, doorways, form spamming, etc.).
• Mass mailing of any type (including double opt-in) – only occasional/incidental transactional emails are allowed to be sent from our network.
• Denial of service (“DoS”) or other attacks (whether outgoing or incoming. Except OVH Server or any service marketing as anti-DDoS for incoming).
• Hacking (including situations where a VPS was hacked).
• Distribution of malware/viruses, with or without your knowledge.
• Port scanning.
• Cryptocurrency mining, as well as decentralized storage/computing services which are associated with cryptocurrency (like bee swarm etc).
• Financial or investment platforms of any kind without appropriate license.
• IRC activity (client, server, bot, etc.).
• Distribution of trademarked or copyrighted content (e.g. mp3s, movies, etc.) that you do not own or have a valid license to distribute – we honor all DMCA complaints.
• Cracked software, unauthorized replicas, counterfeit and illegal items, and the like, and links to such content.
• BitTorrent (trackers, clients, files, links, etc.).
• Nested virtualization without prior approval from our custom service – Docker is a permitted exception.
• Public proxy servers (due to abuse committed through open proxies). Please note that traffic earning service such as Traffmonetizer, IP royal and peer2profit .etc, are also identified as has public proxy servers.
• Open DNS resolvers, open port mappers, open NTP servers available via UDP protocol (due to DoS amplification attacks).
• Tor relays and exit nodes.
• Pornography and other sexually explicit content.
• Data mining, crawling.
• Using abusive language towards our employees, spamming our support ticket queue with the same question or issue, threats of any kind, and any other conduct we reasonably deem unacceptable.

For servers hosted outside of Canada, this acceptable use policy will automatically extend and comply with the legal requirements of other countries.

Fair Use Policy

For resource that are marked as fair use, if no rules are explicitly listed in service description, following rules and regulations will be applied.

CPU

When the total CPU cores are occupied more than 25% continuously for 1 hour, the performance priority of the vCPU will be continuously downgraded. When the total CPU cores are continuously occupied less than 25% for 1 hour, the performance priority of the vCPU will be continuously upgraded until it is restored to maximum performance.

Explanation of definition of 25% percentage usage

• 25% = (Total CPU Percentage) / (Number of CPU Core * 100%)
• 1CPU with 25% total CPU core usage
• 2CPU with 50% total CPU core usage
• 8CPU with 200% total CPU core usage

Traffic

When the service continuously uses the maximum port speed for 1 hour and affects other users, the port speed of that service will be limited. The specific limitations will be determined by the server host’s load conditions.

CatServer Privacy Policy

What information do we collect?

CatServer collects information from you when you register for our services through our ordering page, or when such information is submitted in e-mail communication. This will include company, contact, technical, and billing information.

What do we use your information for?

This information is used to communicate with customers about the services currently being provided, services that may potentially interest customers, and for the collection of payments.

How do we protect your information?

We implement a variety of security measures to maintain the safety of our customers’ information including but not limited to security policy implemented by encrypting communication, security policy enforced by firewalls, authentication required for access, and encryption of sensitive data.

Do we disclose any information to outside parties?

Catserver does not sell, trade, or otherwise transfer to outside parties your personally identifiable information. This does not include trusted third parties who assist us in operating our websites, conducting our business, or servicing you, so long as those parties agree to keep this information confidential. We may also release your information by court order when required by law enforcement agencies, to protect ours or others’ rights, property, or safety.

Catserver utilizes Maxmind to screen new orders for previous fraudulent activity and report existing clients who violate our Terms of Service. In case of confirmed legal violations or fraudulent chargebacks, you may also be reported to Maxmind.

Limitation of Liability

You expressly understand and agree that CatServer is not to be held responsible for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if CatServer has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; or (v) any other matter relating to the service.

You expressly understand and agree that CatServer shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to errors in automatic credit card debits performed by our 3rd party billing services Stripe, or PayPal.

The information and materials contained on this web site have been compiled from a variety of sources and, as such, are subject to change without notice. In no event will CatServer be liable for any damages, whether direct, indirect, general, consequential, incidental, exemplary or special, arising from the use of information provided on this server or through links to any other servers.

Communications to CatServer via this web site shall in no way be deemed to constitute legal or official notice to CatServer, its agencies, officers, employees, representatives or agents with respect to any existing, pending or future claim or cause of action against CatServer or any of its agencies, officers, employees, representatives or agents where notice is required by Federal, State or local law. Nor shall communications to CatServer via this web site be deemed to constitute legal or official notice for any other purpose.

Affiliates

Users of CatServer can activate an affiliate account through the billing panel. When a user places an order through an affiliate link, the affiliate account will receive 20% of the order amount as credit. The credit will be calculated in unit of Canadian dollar. User can use the affiliate credit to pay any invoice or withdraw via our supported payment methods. To withdraw the credit, the user needs to satisfy following terms and conditions.

• The minimal withdraw amount is 30CAD for paypal. 10CAD for other payment gateway.
• For each affiliated order payment, credit will be added into affiliate account after 30 days.
• Refund order is not eligible for affiliate credit.
• All order must be placed by clients other than the affiliate account owner. (Please contact customer support for any exclusive deals)
• Cash back or similar activates are not allowed without prior approval.
• The identity of the client needs to be verified.
  • Contact information on file need to match with the payment account.
• Withdrawer is responsible for any fee produced by supported payment method.
• https://www.xe.com/currencyconverter/ is used for AliPay and WeChat Pay currency exchange calculations.
• Supported payment method:
  • Interac E-transfer (Canada only)
  • PayPal
  • Alipay
  • WeChat Pay
  • Wise (TransferWise)