Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," "your") and FreeVPS.it ("Company," "we," "our," "us"), the operator of the freevps.it.com website and associated virtual private server infrastructure.

By creating an account, deploying a server, or otherwise accessing our services, you acknowledge that you have read, understood, and agree to be bound by these Terms, our Acceptable Use Policy, and our Privacy Policy.

If you do not agree with any part of these Terms, you must not use the Service.

2. Eligibility

To use FreeVPS.it services, you must:

1. Be at least 16 years of age (or the minimum age of digital consent in your jurisdiction, whichever is higher)
2. Have the legal capacity to enter into a binding agreement
3. Not be a person barred from receiving services under the laws of your jurisdiction or any applicable jurisdiction
4. Not have been previously terminated from the platform for abuse violations
5. Provide accurate and truthful registration information

If you are using the Service on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.

3. Your Account

3.1 Account Creation

You must provide a valid email address during registration. One free-tier account is permitted per natural person or legal entity. Creating multiple free-tier accounts to circumvent resource limits is a violation of these Terms and our Acceptable Use Policy.

3.2 Account Security

You are solely responsible for:

• Maintaining the confidentiality of your account credentials
• All activities that occur under your account, whether authorized by you or not
• Securing your VPS instance (SSH keys, firewall rules, software updates)
• Notifying us immediately at support@freevps.it.com if you become aware of any unauthorized access

3.3 Account Information

You agree to provide accurate, current, and complete registration information. We reserve the right to suspend accounts where provided information is materially false or misleading.

4. Service Description

4.1 What We Provide

FreeVPS.it provides KVM-based virtual private server infrastructure, including:

• Virtual machine provisioning with dedicated resources (CPU, RAM, storage, bandwidth) as specified in the selected plan
• Network connectivity with dedicated IPv4 and IPv6 addressing
• A web-based control panel for server management (start, stop, reinstall, console access)
• Choice of operating system from our supported image library
• Custom ISO mounting capability
• Basic DDoS filtering on all nodes

4.2 What We Don't Provide

• Managed services: We provide infrastructure, not system administration. You are responsible for configuring, securing, and maintaining your server software.
• Automated backups (free tier): Free-tier instances do not include automated backups. You are solely responsible for backing up your data.
• Software licensing: Unless explicitly stated (e.g., Windows SPLA on applicable plans), software licensing is your responsibility.
• Guaranteed support response times (free tier): Free-tier support is provided on a best-effort basis.

4.3 Service Modifications

We reserve the right to modify, update, or discontinue features of the Service at any time. For material changes that reduce functionality of active services, we will provide at least 30 days advance notice.

5. Free Tier — Specific Terms

The following terms apply specifically to FreeVPS.it free-tier (Starter Tier) accounts:

5.1 No Guaranteed Uptime

Free-tier services are provided on an "as-available" basis. While we make every reasonable effort to maintain high availability, free-tier instances are not covered by any Service Level Agreement (SLA) and carry no uptime guarantee or compensation for downtime.

5.2 Resource Limits

Free-tier resources (CPU, RAM, storage, bandwidth) are specified at the time of provisioning and are subject to fair-share scheduling. We reserve the right to:

• Throttle CPU or network bandwidth during periods of extreme host-node congestion
• Adjust free-tier resource allocations with 30 days advance notice
• Limit the total number of active free-tier accounts on the platform based on capacity

5.3 Inactive Account Policy

Accounts showing zero login activity (no panel login, no SSH/RDP connection, no API calls) for 120 consecutive days may receive a re-confirmation email. Failure to respond to the re-confirmation within 14 days may result in the account being flagged for review and potential resource reclamation.

We will never delete an active account's data without prior notification. At minimum, you will receive two email warnings before any action is taken on an inactive account.

5.4 One Account Per Person

Each natural person or legal entity is entitled to one (1) free-tier VPS instance. Users found operating multiple free-tier accounts will have duplicate accounts terminated. The oldest account with the most activity will typically be retained.

5.5 No Resale

Free-tier VPS instances may not be resold, sublicensed, or transferred to third parties. You may not provide hosting services to others using your free-tier allocation.

6. Paid Services

6.1 Pricing & Billing

Paid plans are billed at the rates published at freevps.it.com/pricing.php at the time of purchase. All prices are in USD unless otherwise specified. Prices may change, but existing subscriptions will be honored at their current rate until the end of the current billing cycle.

6.2 Payment Methods

We accept payment via credit/debit cards and other methods as displayed during checkout. You authorize us to charge the payment method on file for recurring subscriptions.

6.3 Refund Policy

Paid plans include a 7-day money-back guarantee from the date of initial service activation. After 7 days, services are non-refundable for the current billing period. Refunds are not available for:

• Accounts terminated for AUP violations
• Partial billing periods after voluntary cancellation
• Add-on services (additional IPs, backup storage) consumed during the billing period

6.4 Late Payment

If payment fails, you will receive three email notifications over 7 days. If payment is not received within 10 days of the due date, the service will be suspended. Data is retained for 14 days after suspension, after which it may be permanently deleted.

7. Your Data & Content

7.1 Ownership

You retain full ownership of all data, code, files, and content you store on or transmit through your VPS instance ("Your Content"). These Terms do not grant us any ownership rights to Your Content.

7.2 Our Access to Your Data

We do not access, review, or monitor the contents of your VPS instance except when:

• Required by a valid legal order (court order, subpoena, or law enforcement request)
• Necessary to investigate a credible abuse report in accordance with our Acceptable Use Policy
• Required to address a security vulnerability that poses imminent risk to our infrastructure

In all cases, access is limited to the minimum necessary to resolve the issue and is logged internally.

7.3 Data Portability

You may export your data at any time using standard tools (SCP, SFTP, rsync, RDP file transfer). We do not lock your data into proprietary formats or restrict egress for data portability purposes.

7.4 Data Deletion

Upon account termination (voluntary or involuntary), Your Content stored on our infrastructure will be permanently deleted within 30 days, unless retention is required by applicable law or an active legal proceeding.

8. Uptime & Service Availability

8.1 Free Tier

Free-tier services carry no uptime guarantee. We target 99.9% availability but do not commit to it contractually for free accounts. Maintenance windows and unexpected outages are handled on a best-effort basis.

8.2 Paid Plans

Paid plans are covered by our Service Level Agreement, which provides specific uptime commitments and compensation for qualifying downtime events. Refer to the SLA for full details.

8.3 Scheduled Maintenance

We may perform scheduled maintenance that requires temporary service interruption. Scheduled maintenance will be announced at least 48 hours in advance via:

• Email notification to the account holder
• Banner notification in the control panel
• Our status page at freevps.it.com/status.php

8.4 Emergency Maintenance

In cases involving security vulnerabilities, hardware failures, or infrastructure threats, we may perform emergency maintenance without advance notice. Users will be notified as soon as reasonably possible.

9. Prohibited Use

Your use of the Service is subject to our Acceptable Use Policy, which is incorporated into these Terms by reference. In summary, you may not use the Service to:

• Mine cryptocurrency in any form
• Send spam or unsolicited bulk communications
• Launch or participate in DDoS or network attacks
• Host malware, phishing pages, or command-and-control servers
• Distribute child sexual abuse material
• Engage in fraud, identity theft, or illegal commerce
• Run open proxies or Tor exit nodes on shared infrastructure
• Exceed fair-use resource limits in a manner that degrades service for other users

For the complete list of prohibited activities, enforcement procedures, and severity classifications, see the full AUP.

10. Termination

10.1 Termination by You

You may terminate your account at any time by:

1. Logging into the control panel
2. Requesting account cancellation through the account settings or by contacting support@freevps.it.com

Upon voluntary termination, your VPS instance will be stopped and your data will be retained for 7 days to allow for data export. After 7 days, all data is permanently deleted.

10.2 Termination by Us

We may suspend or terminate your account immediately and without prior notice if:

• You violate these Terms or the Acceptable Use Policy
• Your account is being used for illegal activity
• Your VPS instance is compromised and actively harming our network or third parties
• You fail to pay for paid services within the grace period
• We are required to do so by law or legal process

10.3 Effect of Termination

Upon termination:

• Your right to access the Service ceases immediately
• Your VPS instance is stopped and scheduled for deletion
• Any outstanding payment obligations remain in effect
• Sections of these Terms that by their nature should survive (limitation of liability, indemnification, dispute resolution) will continue to apply

11. Limitation of Liability

11.1 Maximum Liability

To the maximum extent permitted by applicable law, FreeVPS.it's total aggregate liability to you for all claims arising out of or relating to these Terms or the Service shall not exceed:

• For free-tier users: Zero dollars ($0.00 USD)
• For paid users: The total amount paid by you to FreeVPS.it during the twelve (12) months immediately preceding the event giving rise to the claim

11.2 Exclusion of Damages

In no event shall FreeVPS.it be liable for:

• Loss of data, revenue, profits, or business opportunities
• Indirect, incidental, special, consequential, or punitive damages
• Cost of procurement of substitute services
• Damages arising from unauthorized access to or alteration of your data
• Service interruptions or downtime (free tier)

These limitations apply regardless of the legal theory (contract, tort, negligence, strict liability, or otherwise) and even if FreeVPS.it has been advised of the possibility of such damages.

11.3 Essential Purpose

You acknowledge that the free-tier service is provided at no charge, and the limitations of liability in this section reflect a reasonable allocation of risk that is an essential basis of the agreement between you and FreeVPS.it.

12. Warranty Disclaimer

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

Without limiting the foregoing, FreeVPS.it does not warrant that:

• The Service will be uninterrupted, timely, secure, or error-free
• The results obtained from the Service will be accurate or reliable
• Any errors or defects in the Service will be corrected
• The Service will be free from viruses, malware, or other harmful components

You use the Service at your sole risk. You are responsible for implementing sufficient procedures and checkpoints to satisfy your requirements for data accuracy, security, and backup.

13. Indemnification

You agree to indemnify, defend, and hold harmless FreeVPS.it, its officers, directors, employees, contractors, and agents from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to:

• Your use of the Service
• Your Content hosted on or transmitted through the Service
• Your violation of these Terms or the Acceptable Use Policy
• Your violation of any third-party rights, including intellectual property rights
• Any abuse, attack, or illegal activity originating from your VPS instance

14. Dispute Resolution

14.1 Informal Resolution

Before initiating any formal dispute resolution proceeding, you agree to first attempt to resolve the dispute informally by contacting us at legal@freevps.it.com. We will attempt to resolve disputes within 30 days of receiving your notice.

14.2 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions.

14.3 Jurisdiction

Any dispute not resolved informally shall be submitted to the exclusive jurisdiction of the state and federal courts located in Delaware, United States. You consent to the personal jurisdiction of such courts.

14.4 Class Action Waiver

You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. You waive the right to participate in class action lawsuits or class-wide arbitration.

15. Changes to These Terms

We may revise these Terms from time to time. Changes are handled as follows:

15.1 Material Changes

For changes that materially alter your rights or obligations, we will:

• Send an email notification to the address associated with your account at least 14 days before the changes take effect
• Display a prominent notice in the control panel
• Update the "Last Updated" date at the top of this page

15.2 Non-Material Changes

Minor clarifications, formatting changes, or additions that don't materially alter your rights may be made without advance notice. The "Last Updated" date will always reflect the most recent revision.

15.3 Continued Use

Your continued use of the Service after the effective date of any changes constitutes acceptance of the revised Terms. If you do not agree with the changes, you must stop using the Service before the effective date.

16. General Provisions

16.1 Entire Agreement

These Terms, together with the Acceptable Use Policy, Privacy Policy, and (for paid users) the Service Level Agreement, constitute the entire agreement between you and FreeVPS.it regarding the Service.

16.2 Severability

If any provision of these Terms is found to be unenforceable or invalid by a court of competent jurisdiction, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.

16.3 Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision. Any waiver must be in writing and signed by an authorized representative of FreeVPS.it.

16.4 Assignment

You may not assign or transfer these Terms or your rights under them without our prior written consent. We may assign these Terms in connection with a merger, acquisition, reorganization, or sale of substantially all of our assets.

16.5 Force Majeure

FreeVPS.it shall not be liable for any delay or failure in performance resulting from causes beyond our reasonable control, including but not limited to: natural disasters, war, terrorism, labor disputes, government actions, internet or telecommunications failures, power outages, or DDoS attacks against our infrastructure.

16.6 Notices

All notices from us to you will be sent to the email address associated with your account. You are responsible for keeping your email address current. Notices are deemed delivered upon successful transmission.

17. Contact Information

For questions about these Terms of Service: