Terms of Service

NOTICE:: This section serves as a summary of the complete Terms of Service (TOS) that follow. It is meant as a quick reference, not an exact definition of terms. See each individual section for complete terms and conditions.

Acceptable Usage

- Email Spam/Forum Spam and other Spam abuse == Termination. There are no second chances.
- Do not DDoS, Botnet, or otherwise engage in illegal activities
- Pen-testing of any type is not permitted. No exceptions
- Insecure/Open Proxies or VPN services are not permitted. No exceptions
- Affecting other users will affect your tenancy
- Do not host illegal materials, 2 times DMCA abuse within 3 months will cause termination
- Abide by our Acceptable Usage Policy

Billing/Settlement
- Any and all compensation is made in the form of account credits.
- All client information must be accurately provided (name, current address, etc)
- Do not open multiple accounts. No exceptions
- Do not let other people pay your invoices. No exceptions
- All payments must be made from an account in your name
- All invoices must be paid before new product may be ordered

Account Security
- Do not use insecure passwords
- Do not place orders from proxies/VPNs
- NEVER let others access your Client Portal account. No exceptions

1) Use of ComfortVPS Products and Services

1,1) You may use any of our services, provided that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of Canada, the United States, or other jurisdictions. In order to access any services, you are required to provide current and accurate identification, contact, and other details as part of the registration process. You are responsible for maintaining the confidentiality and accuracy of your account information, and you are responsible for all activities that occur under your account. You are solely responsible for all content on your account. You agree to immediately notify ComfortVPS of any unauthorized use of your account or any other breach of security. ComfortVPS will not be liable for any loss or damage arising from your failure to provide us with accurate information or to keep your account secure.

1,2) ComfortVPS may cancel or suspend your access to ComfortVPS services at any time and for any reason without notice. Upon cancellation or suspension, your right to use the service will stop immediately. You may not have access to data that you stored on the service after we suspend or terminate the service. You are responsible for backing-up your data that you use with the service.

2) Prohibited Usage

2,1) You agree that any violation listed in our Acceptable Usage Policy are considered prohibited usage and may result in immediate account suspension and/or termination without compensation.

3) Account Processing

3,1) New Account Registration

3,1,1) Upon registration, all created accounts are marked as `New Account` status. No account in Pending status may have services transferred to them, or be eligible for any promotions or special values.

3,1,2) Once registered, clients may open a ticket to the Billing Department requesting an audit of their account.

3,1,2,1) Accounts that do not pass audit will be notified of the deficiency, and steps necessary to correct the issue.

3,1,2,2) Accounts that pass audit will be set to `Verified` status.

3,1,3) Accounts must be registered from the client's residential ISP, following the guidelines provided on our Wiki entry for Account Registration.

3,1,3,1) Accounts that do not follow the above guidelines when registering will be refunded (if applicable) and deleted from our system.

3,1,3,2) Repeated attempts at opening accounts that do not follow the above guidelines when registering will result in a permanent ban from service.

3,1,4) Multiple accounts for any reason are strictly prohibited.

3,1,4,1) Any multiple accounts will be merged into the most recent account, and a 15,00$ TOS/AUP Violation Fine added to the account.

3,1,4,2) All services on an account will be suspended until the TOS/AUP Violation Fine is paid in full.

3,1,4,3) Any payments for new orders will be refunded minus a 2,50$ fine upon merging.

3,1,4,4) At the Billing Department's discretion, the account may be deemed a Payment Risk and/or Abuse Risk.

3,1,4,5) Repeated attempts at opening multiple accounts will result in all active services being terminated without compensation, and a permanent ban from service.

3,2) Auditing

3,2,1) All accounts are periodically audited to ensure TOS/AUP compliance and up-to-date contact information. Accounts in this status are considered `Pending Audit`, and are not eligible for service transfers until the audit is complete.

3,2,1,1) Accounts that pass audit will be set back to `Verified` status.

3,2,1,2) Accounts that do not pass audit will be notified of the deficiency, and steps necessary to correct the issue.

3,2,1,2,1) At the Billing Department's discretion, any or all services on the account may be suspended until the deficiency is corrected and the account passes audit.

3,3) Account States

3,3,1) ACTIVE: All accounts are placed in Active status by default. Active accounts will receive all global emails, notifications, and system messages.

3,3,1,1) An account with no active services, tickets, or any Unpaid/Overdue/Collections invoices will automatically be set to Inactive status if there are no successful logins for more than 30 days.

3,3,2) INACTIVE: Accounts on Inactive status will not receive global emails, notifications, or system messages unless a high-priority security message is sent by senior staff.

3,3,2,1) Inactive accounts will be set back to Active status once a successful login is made by the client.

3,3,2,2) A client may request their account be placed on Inactive status provided there are no active services, unclosed tickets, or any Unpaid/Overdue/Collections invoices on the account.

3,4) Account Status

3,4,1) New Account: Upon registration, all new accounts are marked as `New Account` status. No account in this status may have services transferred to them, or be eligible for any promotions or special values.

3,4,1,1) Any account in `New Account` status with no pending orders, tickets, or settled invoices is automatically set to Inactive status after 7 days with no successful logins.

3,4,1,2) Any account in `New Account` status with no pending orders, tickets, or settled invoices is automatically removed from our database 30 days after the registration date, regardless of login activity.

3,4,1,3) Any account in `New Account` status is subject to a full audit before any orders are provisioned. If the account fails to pass audit, a support ticket will be opened to the client detailing the discrepancy and necessary steps to correct the issue.

3,4,1,3,1) If the client does not respond within 48 hours, any payments made will be refunded and the account removed. Repeated offenses will result in a permanent ban from service.

3,4,2) Pending Audit: Verified accounts will be periodically scheduled for re-evaluation. While awaiting re-evaluation, no account in `Pending Audit` status may transfer services, or receive a transfer from another account.

3,4,2,1) A `Pending Audit` account that successfully passes re-evaluation will be placed back to `Verified` status with no intervention by the client required.

3,4,2,2) If an account fails to pass re-evaluation, a support ticket will be opened to the client detailing the discrepancy and necessary steps to correct the issue.

3,4,2,2,1) If the client does not respond within 96 hours, all services on the account will be suspended without compensation until the discrepancy is corrected and re-evaluation is successful.

3,4,2,2,2) If the discrepancy is not resolved within 7 days, all services on the account will be suspended without compensation until the issue is corrected and re-evaluation is successful.

3,4,3) Verified: Accounts that pass audit and evaluation are labeled as `Verified`, and are considered 'normal' accounts.

3,4,4) Collections: Any account with an invoice overdue by more than 60 days is placed into `Collections` status. Collections accounts are considered a payment risk, and must place a security deposit before further services can be obtained.

3,4,5) Banned: Banned accounts are not allowed to place orders, accept transfers, or retain any active services.

3,5) Client Status

3,5,1) Good Standing: The default client status. Clients in Good Standing may order, make payments, and carry out other functions as normal.

3,5,2) Payment Risk: Clients considered a Payment Risk must use Western Union to settle overdue invoices. At the Billing Department's discretion, a Security Deposit may be required before further services are permitted.

3,5,3) Security Risk: Clients considered a Security Risk are not allowed the purchase of new services or receiving of a transfer. All existing services under the account will set to auto-expire at the end of the current billing cycle.

3,5,3,1) At the Billing Department's discretion, all active services under the account may be terminated early.

3,5,4) Abuse Risk: Clients with multiple abuse violations will be flagged as an Abuse Risk. All further violations for the client will be considered a third offense, and the appropriate action taken.

4) Service Processing

4,1) Order Provisioning

4,1,1) Orders are reviewed and provisioned in the sequence they are received.

4,1,2) Average setup time is within 1-2 hours during our scheduled Business Hours. Orders placed outside business hours are queued for provisioning the following morning.

4,1,3) Orders that cannot be provisioned due to TOS/AUP conflicts will be cancelled, the payment refunded (as applicable), and the client notified of the issue via Support Ticket.

4,2) Service Transfer

4,2,1) An existing service may be transferred to another account provided the following criteria have been met:

4,2,1,1) The service to be transferred must be active for at least three months.

4,2,1,2) The service to be transferred must not have any unpaid or overdue invoices.

4,2,1,3) The service to be transferred must not have any TOS/AUP Violations on record.

4,2,1,4) The account initiating the transfer must be Active with at least three months of continuous service history.

4,2,1,5) The account initiating the transfer must be in Good Standing, with no TOS/AUP Violations.

4,2,1,6) The account receiving the transfer must confirm acceptance of the transfer.

4,2,1,7) The account receiving the transfer must be Active with at least three months of continuous service history.

4,2,1,8) The account receiving the transfer must not have any unpaid or overdue invoices.

4,2,1,9) The account receiving the transfer must not have any TOS/AUP Violations on record.

4,2,2) When a service transfer is accepted, all data on the service is destroyed before it is made accessible by the receiving account.

4,2,2,1) The client initiating the transfer is responsible for ensuring that all data be securely backed up before initiating the transfer request.

4,2,3) Service transfers cannot be reversed once accepted.

4,2,4) At the Billing Department's discretion, excessive transfer requests may result in an additional Labor Fee per request.

4,3) Service Suspension

4,3,1) All services on an account are suspended when the account has an overdue invoice.

4,3,2) Suspended services cannot be reactivated until the situation resulting in their suspension has been resolved.

4,3,3) Data cannot be retrieved from any service in a Suspended state until the situation resulting in the suspension has been resolved.

4,3,4) Suspended services are not eligible for service transfer until the situation resulting in the suspension has been resolved.

4,4) Service Termination

4,3,1) Termination is final: terminated services cannot be restored, nor is any data retrieval possible.

4,5) Service Cancellation 

4,3,1) Cancellation is final: cancelled services cannot be restored, nor is any data retrieval possible.

4,5,2) Unwanted services MUST be cancelled by the client before 3 days of their due date.

4,5,2,1) When a service is cancelled, the VPS will detele from the server, all data will loss.

4,5,2,1,1) If the next billing cycle has already been invoiced, the service may will be automatically removed from the invoice upon cancellation.

4,5,2,1,2) If no items remain, the invoice will automatically be removed from the account.

4,5,2,2) When a service is cancelled after the due date, the current invoice is automatically adjusted to reflect the dates due up until cancellation.

4,5,2,2,1) Clients are still liable for settling the adjusted invoice. If left unpaid, the invoice will be treated as Overdue.

5) Charges & Billing

5,1) Prorated Billing

5,1,1) All services are billed on a prorated billing cycle, dated to the first of the month.

5,1,2) Any monthly service purchased before the 20th will be billed from the date of purchase until the final day of the month, with the next due date set to the first of the following month.

5,1,3) Any monthly service purchased after the 20th will be billed from the date of purchase until the final day of the following month, with the next due date set to the first of the month after.

5,2) Billing Cycles

5,2,1) Monthly services are invoiced at base price (plus service add-ons cost) for the first of every month. Invoices are issued 10 days in advance of the due date.

5,2,2) Quarterly services are invoiced at 3x base price (plus scaled service add-ons cost) for the first of the month every three months. Invoices are issued 10 days in advance of the due date.

5,2,3) Semi-Annual services are invoiced at 5x base price (plus scaled service add-ons cost), with one month free, for the first of the month every six months. Invoices are issued 10 days in advance of the due date.

5,2,4) Annual services are invoiced at 10x base price (plus scaled service add-ons cost), with two months free, for the first of the month every 12 months. Invoices are issued 15 days in advance of the due date.

5,2,5) Biennial services are invoiced at 20x base price (plus scaled service add-ons cost), with four months free, for the first of the month every 24 months. Invoices are issued 15 days in advance of the due date.

5,3) Billing Procedures

5,3,1) Unpaid orders are deleted after 24 hours of inactivity, and added back to available stock.

5,3,3) 24 hours past the due date for recurring invoices, all services (paid and unpaid) attached to the account will be suspended.

5,3,2,1) A late fee of $5 or 25% of the invoice total (whichever is greater) will be applied to the invoice.

5,3,2,2) At the Billing Department's discretion, the account may be deemed a Payment Risk.

5,3,3) 72 hours past the due date for recurring invoices, all services listed in the invoice will be terminated, and the invoice automatically adjusted to reflect the date of termination.

5,3,3,1) All remaining services on the account will remain suspended until the overdue invoice is paid in full.

5,3,3,2) At the Billing Department's discretion, the account may be deemed a Payment Risk.

5,3,4) 5 days past the due date for recurring invoices, the account will be assumed abandoned, and all remaining services terminated without compensation.

5,3,4,1) The account will be moved to Collections status, and treated as a Payment Risk.

5,4) Payment Gateways

5,4,1) ALL PAYMENTS (excluding Payment Risk clients) ARE TO BE MADE THROUGH THE INVOICING SYSTEM. DO _NOT_ SEND PAYMENTS DIRECTLY; ANY DIRECT PAYMENTS WILL BE REFUNDED MINUS A 5,00$ SERVICE FINE.

5,4,2) PayPal

5,4,2,1) Payments from unverified accounts will be refunded. Repeated attempts will result in a permanent ban from further services. There are no exceptions to this policy.

5,4,2,1) Payments from accounts not in the client's name will be refunded. Repeated attempts will result in a permanent ban from further services. There are no exceptions to this policy.

5,4,3) Google Checkout

5,4,3,1) Payments from accounts not in the client's name will be refunded. Repeated attempts will result in a permanent ban from further services. There are no exceptions to this policy.

5,5) Additional Charges & Fees

5,5,1) A client may encounter additional fees or fines for several reasons. Any charge or fee for work/labor performed will be announced and explained to the client before the work is done, and must be agreed and paid before the task begins.

5,5,2) Fines for TOS/AUP Violations that go unpaid for more than two (2) days are subject to an additional 2,50$ or 50% of the invoice total, whichever is greater.

5,5,2,1) Any active services on the account will be suspended once the late fee is applied.

5,5,2,2) At the Billing Department's discretion, the account may be deemed a Payment Risk.

5,5,3) Fines for TOS/AUP Violations that go unpaid for more than seven (7) days are subject to an additional 5,00$ or 50% of the invoice total, whichever is greater.

5,5,3,1) All remaining services will be terminated without compensation.

5,5,3,2) The account will be placed into Collections status, and will be deemed a Payment Risk.

5,6) Security Deposits

5,6,1) Any client deemed a Payment Risk is required to place a security deposit of 25,00$. This deposit is not added to the account's credit balance, nor can be used for invoice payment.

5,6,2) Security deposits are to be made via Western Union, after being arranged by the Billing Department.

5,6,3) Security deposits are non-refundable, and are used to pay off any overdue or collections invoices the account may accrue.

5,6,3,1) Any Payment Risk account that accrues an overdue or collections invoice will be permanently banned from further service.

5,6,3,2) Any positive amount left of the deposit after paying overdue or collections invoices is absorbed into the company.

5,6,4) Accounts that remain in good standing for twelve (12) months may request the security deposit added back to the account's credit balance.

5,7) Advance Payments

5,7,1) Clients may request via Support Ticket for an `Add Funds` invoice to be generated for their account.

5,7,1,1) Add Funds invoices must be in an amount between 15,00$ and 250$.

5,7,1,2) The total of the Add Funds invoice will automatically be added to the account's credit balance upon payment.

5,7,1,3) Add Funds payments cannot be refunded.

5,8) Credit Balance

5,8,1) An account's credit balance is non-refundable, non-transferrable, and may not be `cashed out` in the form of refund or payment to the client.

5,8,2) An account's credit balance is automatically applied to generated invoices. Clients may also manually apply credit to any existing unpaid invoice.

5,8,3) An account's credit balance does not expire. However, any account closed or terminated will have its credit balance absorbed back into the company.

5,9) Refunds

5,9,1) Refunds may only be requested within 3 business days of the payment.

5,9,2) Refunds requested after 72 hours of initial payment will be processed at a prorata calculation (date of refund until end of billing cycle).

5,9,3) All refunds are susceptible to a 0.05 (5%) processing fee, deducted from the refund total.

5,10) Chargebacks/Disputes

5,10,1) Any Chargeback, Dispute, or similar grievance filed where no attempt was made to contact the company and resolve potential issues will result in complete termination of all services without compensation, and a permanent ban from all further service.