Acceptable Use Policy & Terms of Service

SpeedyKVM, also known as SpeedyKVM.com, is an Incero LLC product. By using Incero LLCs (Incero, our, us or we) products and services, you (you, your or Customer) agree to comply with our policies. We expect you to have a basic knowledge of how the Internet functions, the types of uses that are generally acceptable, and the types of uses that are to be avoided. Common sense is the best guide as to what is considered acceptable use. This Acceptable Use Policy (this AUP) is incorporated by this reference into each Master Service Agreement, Colocation Agreement and/or Service Order. Your use of our products and services is subject to your acceptance and compliance with this AUP. YOU HEREBY REPRESENT AND WARRANT THAT YOU HAVE READ, UNDERSTOOD AND ACCEPTED THE TERMS OF THIS AUP. We reserve the right to amend or modify this AUP from time to time, and your use of our products and services. We will post changes to the AUP on the legal page of our website at http://www.Incero.com/acceptable-use-policy, which posting will constitute your acceptance of any such amendments or modifications. You are responsible for complying with this AUP and for violations attributable to your customers and users, whether authorized or not by you or by us. You must take all reasonable steps to ensure that your customers and users comply with this AUP. WE EXPRESSLY DISCLAIM ANY LIABILITY FOR THE DATA AND CONTENT TRANSMITTED THROUGH OR TEMPORARILY OR PERMANENTLY STORED ON OUR NETWORK OR ANY SERVER AND FOR THE ACTIONS OR OMISSION OF USERS. INTERPRETATION The provisions of this AUP are intended as guidelines and are not meant to be exhaustive. Generally, conduct that violates law, regulation, or the accepted norms of the Internet community, whether or not expressly mentioned in this AUP, are prohibited. We reserve the right at all times to prohibit activities that damage our or our affiliates commercial reputation and goodwill. We will be the sole and final arbiter as to what constitutes a violation of our policies.

  • MB vs GB vs TB

    We consider 1GB to be 1,000MB. We consider 1TB to be 1,000GB. Just like when you buy a 2TB HDD at the store only 1.8TB is usable after this 1,000 style formatting. Any excess RAM left on the hostnode allows for smooth operation of your VPS within the KVM process.

    ILLEGAL USE

    Our products and services may be used only for lawful purposes. Transmission, distribution, storage, or linking to of any material in violation of any applicable law or regulation is prohibited. This includes, without limitation, material protected by copyright, trademark, trade secret or other intellectual property rights used without proper authorization, and material that is defamatory, constitutes an illegal threat, violates export control laws, or is otherwise prohibited by US law.

  • Experts Only, Help/Sysadmin Time Billable

    Our products are for sysadmins/experts only. If you don't know how to secure a VPS do not buy our products. If you ask for "help" installing cpanel, or editing a firewall rule, or loading a piece of software, etc we may or may not do it for you based on our own discretion. If we do provide asistance we will bill you $20 per full or partial 20 minute period spent working on the issue.

  • No Upgrades

    We do not offer upgrades of any kind. You should purchase the maximum specification you need from the very beginning. If you find you need more disk/cpu/ram/bandwidth in future the only option for you is to order a new VPS and move all your data to the new VPS/IP. We do not offer refunds for the old VPS when moving to a new VPS.

  • PROHIBITED CONTENT AND ACTIVITIES

    Money making programs such as "paid to surf" or "paid to click" or "paid to watch" programs where a user is paid for browsing the internet or doing other actions are forbidden, do that on your home computer. Specifically hitleap-viewer and other paid to surf programs are banned. Do not run your scammy money making schemes on our servers. All digital currency mining is forbidden, all digital currency activity is forbidden, that includes running programs that track hashes of transactions, verify transactions, keep records of transactions or anything else. All digital currency applications are banned as they cause high cpu spikes for extended periods, feel free to run that sort of application on a dedicated server at a different provider instead. All use of TOR is forbidden, if you want to use TOR please get a dedicated server. Using the bittorent network or bittorent utilities to download copyrighted content (which is also illegal) is forbidden. Illegal content (as per the USA) is forbidden. Operating a public, paid, open, or otherwise shared VPN or proxy service is ALLOWED ON ALL V-DEDICATED PLANS, but forbidden on all other plans where only personal private proxies or VPNs for use by yourself only are allowed.

  • IRC

    Legal use of IRC is allowed on our network. IRC may not be used on our network when the intentions are malicious or illegal, e.g. for controlling a bot net or other illegal activity.

  • Account Email Change or Account Ownership Change Fee

    To change the email, name, or owner of an account will incur a $75 account change fee.

  • IPV4 ADDRESS USAGE

    IPV4 (IP addresses in the format x.x.x.x e.g. 209.15.23.125) have been exhausted world-wide, soon there will be no way for even the largest companies to receive more IPV4 addresses. For this reason we must ensure that no customer is wasting IP space. Incero will run automated and manual processes to determine the use of IPV4 on it’s network. The following rules for IPV4 usage must be adhered to at all times: A server may not be issued more IPs than strictly required to function. A /30 (1 usable IP) is the default allocation. VPS, Cloud Server, and other virtual machine providers must not issue more than 1 IP per virtual machine unless strictly required to function. Customers who are currently issued more space than they need should contact support to have their IP allocation reduced in size. No downtime will result from resizing your IP space, and you may also save money on your monthly bill! All issued blocks must have 100% of the IPs responding to web based ping at all times. You may rate limit ping as desired (e.g. 20 per second). All servers (including Windows servers) must be configured to respond to ping. Incero may collect current and historical IP usage information for customer IP allocations and may share this data (including trends, predictions, ports found to be in use, machine type, and MAC address) with ARIN (the official agency in charge of IPV4 in the USA: http://www.Arin.net). Incero may share with ARIN the following customer information: Full Name, Company Name, Address, Phone Number, Email Address. ARIN may use this information only to contact the customer to confirm any IP allocations, enquire about any suspected IP waste, etc as required during their normal operations to determine whether Incero may be issued more IP space and/or is complying with ARIN regulations. In general Incero will only share this information for customers who have more than 5 IPs allocated, however Incero reserves the right to share this information with ARIN for any Incero customer with an active IPV4 allocation of any size. Most companies already share information with ARIN, but don’t explicitly tell their customers that they do this. Incero may port scan IPs from 23.29.121.146 to discover protocols being used on IPs. In general Incero may typically scan ports once per 24 hour period, however during IPV4 applications (by clients or by Incero to ARIN), an increased amount of scanning may occur. Incero typically only port scans a customer IP when that IP is not responding to ping. Clients should take no actions that reduce system security to accommodate Incero’s network scanning. System security is always the top priority. We will open a ticket with the client if we have concerns about not being able to ping or scan an IP.

  • COMMUNICATIONS

    Communications with or submitted to Incero including but not limited to emails, support tickets, chats, and voice conversations are the exclusive property of Incero and are not to be copied, shared, or otherwise reproduced without prior explicit written permission from Incero. Foul, explicit, rude, or abusive language will not be tolerated and may result in immediate account termination without refund. Threats of physical violence shall be grounds for immediate termination of services without refund. Threats or discussion in private or public of taking legal action against Incero LLC or it's founders may result in immediate termination of all services at our sole discretion. We love working with our customers if there is an issue with your account please let us know directly so that we can assist you.

  • 72 HOUR REFUND FOR ALL PLANS

    Refunds for all plans are only offered to new clients. A cancellation request must be submitted for the VPS within 72 hours of deployment in our control panel at https://speedykvm.com/billing. Refunds will be processed within three business days. A $0.35 processing and handling fee will be subtracted from the refund.

  • SECURITY

    Violations of our system or network security are prohibited, and may result in criminal and civil liability. Our servers and networks may not be used for: introducing or executing malicious programs into any network or server, such as viruses, worms, Trojan Horses, and key loggers; causing or initiating security breaches or disruptions of network communication and/or connectivity, including port scans, flood pings, email-bombing, packet spoofing, IP spoofing, and forged routing information; executing any form of network activity that will intercept data not intended for your server; evading or circumventing user authentication or security of any host, network or account, including cracking, brute-force, or dictionary attacks; interfering with or denying service to any user, host, or network other than your host, such as a denial of service attack or distributed denial of service attack; conduct designed to avoid restrictions or access limits to specific services, hosts, or networks, including the forging of packet headers or other identification information; soliciting the performance of any illegal activity, even if the activity is not performed; or using any program, or sending messages of any kind, designed to interfere with or disable a users terminal session. The preceding list is an example and not an exhaustive list of prohibited activity. If you are aware of or believe that a violation of this AUP has occurred, please contacts us and report the violation as set forth in the last paragraph of this AUP.

  • Email Blocking & Throttling

    Email sending and receiving is throttled on the VPS main IP, this throttle is intended to prevent mass email sending (typically SPAM) without affecting email usability for a small business (less than 300 emails per day). Email sending and receiving is blocked on additional IPs bound to VPS.

  • SPAMMING

    You may not: send unsolicited bulk messages over the Internet (spamming); create fake weblog or weblogs which are intended or reasonably likely to promote the authors affiliated websites or to increase the search engine rankings of associated sites (splogs); or send spam to weblog sites or automatically post random comments or promotions for commercial services to weblogs (spamming blogs). All users must comply with all relevant legislation and regulations on bulk and commercial e-mail, including but not limited to the CAN-SPAM Act of 2003. Users may not send mass unsolicited e-mail, which is email that is sent to recipients who have not opted-in to mailings from the user. Users who send mass mailings must maintain complete and accurate records of all consents and opt-ins and provide such records to Incero upon its request. If a user cannot provide positive and verifiable proof of such consents and opt-ins, we will consider the mass mailing to be unsolicited. Users are prohibited from operating mailing lists, listservs, or mailing services that do not target an audience that has voluntarily signed up for e-mail information using an opt-in process or that has made their e-mail addresses available to a user for distribution of information. Users who operate mailing lists must maintain complete and accurate records of all consents and opt-in elections and provide such records to Incero upon its request. If a user cannot provide positive and verifiable proof of such consents and opt-in elections, we will consider the list mailing to be unsolicited. Any user-maintained mailing list must also allow any party on the list to remove itself automatically and permanently. Other prohibited activities include, without limitation, the following: use of our network for the receipt of replies to unsolicited mass e-mail; forgery of email headers (spoofing); spamming via third-party proxy, aggregation of proxy lists, or installation of proxy mailing software; configuration of a mail server to accept and process third-party messages for sending without user identification and authentication; hosting web pages advertised within spam e-mail sent from another network (spamvertising); hosting web pages or providing services that support spam; any other unsolicited bulk messages, postings, or transmissions through media such as weblog posts, IRC/chat room messages, guestbook entries, HTTP referrer log entries, usenet posts, pop-up messages, instant messages, or SMS messages; and instructing others in any activity prohibited by this AUP. If you or any user that is your customer use our products or services in a manner that causes us or our affiliates or customers to be blacklisted or blocked, we reserve the right to (i) suspend permanently or terminate your Incero services and/or (ii) suspend permanently or terminate your access to the Incero services. Operating our products or services on behalf of, or in connection with, or reselling any service to persons or firms listed in the Spamhaus Register of Known Spam Operations database at http://www.spamhaus.org shall constitute a violation of this AUP. If, as a result of your actions, our mail servers or IP address ranges are placed on black hole lists or other mail filtering software systems, we shall charge you $250 upfront and $120 per hour thereafter for any necessary remedial actions.

  • Other Mail Sending

    You may send regular amounts of email (less than 300 emails per day) in connection to your business from your server which is directly related to websites hosted on that server but you may not use an Incero server to act as a mailing server for websites not hosted at Incero. For example allowed usage might be forum reply notifications, eCommerce purchase notifications, email back and forth between humans at your business and your clients, etc. Examples of disallowed sending would be any emailing in excess of 300 emails per day, or emails regarding a website or product that is not hosted at Incero. Email marketing services, email sending services, email list management services, and other mass mail service providers are strictly prohibited from operating any service, even unrelated services, on our network.

  • Pricing, Quotes, & Offers Subject To Change Without Notice

    Offers, quotes, and other pricing information provided is provided on “at current time” basis. A variety of factors affect our ability to deliver a product or service at a certain price including but not limited to; hardware stock, vendor stock, staff availability, and network capacity. If at any time we deem that we are no longer able to offer a product or service at a quoted price we may withdraw that offer at any time. If a client has made payment for a product or service at a certain price and we then decide to retract that offer after payment has been received we will issue a refund of the monies received for that particular item or service.

  • CONSEQUENCES OF VIOLATIONS

    When we become aware of a violation or an alleged violation of this AUP, we will initiate an investigation. During the investigation we may restrict Customers access in order to prevent further possible unauthorized activity. Depending on the severity of the violation, we may, in our sole discretion, restrict, suspend, or terminate Customers account and/or pursue other civil remedies. If such violation is a criminal offense, we will notify the appropriate law enforcement department of such violation. We reserve the right to disclose information relating to you and your use of our products and services, if such information is disclosed in connection with an investigation or in order to prevent the death of or bodily harm to any individual, as determined by us in our sole discretion. We do not issue service credits for any product or service incurred through service disablement resulting from policy violations and we will not be in default for so disabling any such services. You shall be liable for all costs and expenses incurred by us resulting from an investigation of your prohibited use of our products and services. You will cooperate and comply with any investigation regarding this AUP or the use of our products or services, including, without limitation, the following: discovery orders, subpoenas, freeze orders, search warrants, information requests, wire taps, electronic intercepts and surveillance, preservation requests, and any other order from a court, government entity or regulatory agency. We may enforce this AUP, with or without notice to you, by any action we deem reasonable, in our sole discretion. In addition to the remedial provisions provided elsewhere in this AUP, we may: disable access to a your content that violates this AUP; suspend or terminate your access to our products and services ; remove DNS records from Servers; block mail or any other network service; affect IP address null routing (and also charge a monthly fee or one time fee for maintaining the null route); and/or take legal action against you to enforce compliance with this AUP. Abuse fees of $95 per hour (minimum billing increment is 1 hour) may be billed to your account at Incero’s discretion for time spent handling any investigation or abuse reports. Abuse fees are due in full within 12 hours and must be paid before any suspended service may be reactivated, suspended services may also be charged a reactivation fee of $150. Failure to pay abuse fees by the due date or failure to respond to abuse tickets promptly may result in suspension or termination of all services within the account. Terminated services will not be reactivated. Before reactivating suspended services we may require prepayments for the next billing period and for any currently open invoice to be settled immediately.

  • REPORTING ABUSE

    Any party seeking to report any violations of Incero’s policy may contact via e-mail: sales@Incero.com

  • INVOICING

    To keep our costs and prices low our billing system and service suspension system is largely automated. Services are prepaid, and failure to make payment will result in account (all services) suspension. When the invoice is 1 minute overdue services are suspended. Overdue notice is emailed when 48 hours past due.

  • SUPPORT

    Absolutely no software support is provided for unmanaged server customers, unmanaged clients can certainly submit support requests relating to replacing failed hardware. Our unmanaged products are intended for expert system administrators, or those who have their own system administrators already employed. Our SLA is applicable only to issues where a customer has opened and paid for a high priority ticket (the $35 high priority ticket fee will be refunded if the issue turns out to be hardware failure).

  • BANDWIDTH & OVERAGES

    If you exceed your bandwidth allotment your VPS will be suspended until the next month. You can restore your VPS prior to the bandwidth resetting the next month by opening an invoice and asking to pay 1x monthly fee to reset the bandwidth. So if your VPS is $7/month, you can reset the bandwidth for $7 one time fee.

    CDN services sold to third party users can not be hosted on SpeedyKVM, private CDNs for business websites or personal usage are allowed. But you can not run a CDN like MAXCDN.com using SpeedyKVM VPS.

  • PAYMENT CHARGE BACKS & BILLING DISPUTES

    Raising a billing dispute with our payment processors or charging back a payment made to Incero will place your Incero account in bad standing. We reserve the right to immediately terminate all services without refund for accounts in bad standing. Termination of services does not remove payment obligations, and court or collections processes may begin to recover funds owed to Incero.

  • SPECIAL OFFERS & DISCOUNT PRICING

    Special offer pricing and coupons are limited to 1 per customer. Special offer/discounted servers may not be used to replace existing services. Cancellation of any server will result in promotion pricing being removed from all servers ordered on special offer/discount, regular pricing for all servers will be applied.