Terms of Service
The contract for using HourlyVPS: accounts, credit, hourly billing with a monthly cap, suspension, liability and governing law.
Last updated
In plain English
- You are contracting with White Label Services, LLC, a Wyoming company that runs HourlyVPS.
- Every server is billed by the hour, in whole cents, until you delete it; a partial first or last hour is rounded to the nearest cent. A stopped server is still billed, because its resources stay reserved for you: only deleting it stops billing.
- Each plan’s monthly price is 500 times its hourly rate and works as a cap: after 500 hours in a billing period, the rest of that period is free, so you never pay more than the monthly price for a server in a billing period.
- A billing period is one month from the date you order the server, not the calendar month, and the cap starts again in every period.
- Prices are in US dollars only and exclude taxes, which are added to your invoice according to your country.
- You top up prepaid account credit by card or cryptocurrency (minimum $5). Ordering a server takes an initial credit ($5 on most plans). It is prepaid credit, not a fee: the server’s hourly usage is deducted from it, and when it runs out you top up.
- When a server’s balance runs low, we issue a top-up invoice. At zero balance the server is suspended.
- Metered usage is not refunded, and account credit is not paid out, except in the cases the Refund and Account Credit Policy lists or where the law requires it.
- Servers are unmanaged: you run and secure the operating system and everything on it, and you keep your own backups.
- Follow the Acceptable Use Policy. Cryptocurrency mining is not allowed, and outbound port 25 stays closed until you ask us to open it.
- When you delete a server, its data is gone at once. A suspended server that is not paid within 7 days is deleted with its data; after a termination for a breach, we delete the data 7 days later.
- Wyoming law applies, but you keep the consumer protection that the law of your home country gives you.
This summary is here to help you read the document. If it differs from the numbered sections, the numbered sections apply.
1. About these terms
These Terms of Service (the “Terms”) are a contract between you and White Label Services, LLC, a limited liability company organized in Wyoming, USA, with its address at 1308 Coffeen Ave, Sheridan, WY 82801, USA (“we”, “us”, “our”). HourlyVPS is our brand.
The Terms apply to the website hourlyvps.com, to the customer portal at portal.hourlyvps.com (the “Portal”) and to every service you order through the Portal (the “Services”).
The following documents are part of the Terms:
- Acceptable Use Policy (the “AUP”): what you may and may not do with the Services;
- Refund and Account Credit Policy: how prepaid credit, charges and refunds work;
- Service Level Agreement (the “SLA”): our availability target and service credits.
If these documents conflict, the Terms prevail, except that the Refund and Account Credit Policy prevails on refunds and account credit, and the SLA prevails on availability and service credits.
Our Privacy Policy and Cookie Policy explain how we handle personal data. They are notices, not contract terms.
You accept the Terms when you create an account, confirm them at checkout or use the Services. If you accept them for a company or another organization, you confirm that you are authorized to bind it, and “you” then means that organization.
A “consumer” is an individual who uses the Services mainly for purposes outside their trade, business or profession. Some sections treat consumers differently because the law requires it.
2. Eligibility and your account
- You must be at least 18 years old and legally able to enter into a binding contract.
- Give us accurate and complete account information (name, email address, billing address and country) and keep it up to date. We use it for billing, tax, sanctions screening and to contact you.
- We may ask you to verify your identity or your payment method, before or after activation, as described in our Verification Policy. If you do not complete a reasonable verification request, we may decline the order or suspend the account.
- You may not open a new account if we have terminated one of yours for a breach of the Terms, unless we agree in writing.
- Keep your passwords and API keys confidential. We recommend two-factor authentication. You are responsible for everything done through your account, including by people you give access to. If you suspect unauthorized access, tell us right away at [email protected].
3. The Services
We provide virtual private servers on KVM virtualization in the data-center locations listed on our locations page. The resources of each plan (vCPU, memory, NVMe storage, transfer and port speed) are the ones shown on our pricing page when you order.
The Services are unmanaged unless we agree otherwise in writing. We operate the physical hosts, the virtualization layer and our network up to your server’s virtual network interface. You are responsible for:
- the operating system and all software on your server, including its configuration, updates and security;
- your data and your backups;
- the content you store and the services you run, including anything your own users or customers do.
Our support covers the platform: provisioning, host and network availability, the Portal, billing and console access. We may help with other questions when we can, but that does not make us responsible for your system.
Snapshots are a convenience tool, not a backup service. They may be stored on the same platform as your server and may be deleted when the server is deleted. Keep independent copies of anything you cannot afford to lose.
We may change, add or retire features, operating-system images, plans and locations. If a change materially reduces a Service you are already paying for, we will give you at least 30 days’ notice by email, unless security or the law requires faster action. You can then delete the server, and billing for it stops.
Features we label as beta or preview are offered as they are, may change or end at any time and are not covered by the SLA.
4. Orders and activation
You order Services through the Portal. The contract for a server starts when we provision it.
We may decline or cancel an order before provisioning, for example if we suspect fraud, if a verification is incomplete, if the order raises a sanctions concern, if capacity is not available or if the order shows an obvious pricing error. We do not charge for an order we decline or cancel.
5. Prices, prepaid credit and billing
Prices and taxes
Prices are in US dollars, the only currency we sell in, and are shown on our pricing page and in the Portal. Each plan has an hourly rate and a monthly price. The monthly price is the most a server on that plan is charged in a billing period, as described under “Hourly billing and the monthly cap” below. The prices that apply to a server are the ones shown when you order it, until they change under “Price changes” below.
Prices exclude taxes. If the law requires us to charge VAT, GST, sales tax or a similar tax on your purchase, we add it to your invoice according to your country, and show it at checkout. Business customers may need to give a valid tax ID where a reverse-charge rule applies.
Account credit and initial credit
Your account holds prepaid credit in US dollars (“account credit”). The minimum top-up is $5. You can top up by card or cryptocurrency; the methods available to you are shown in the Portal and explained on our payment methods page.
Each server also has its own prepaid balance (its “server balance”), and its hourly charges are deducted from it. When you order a server, you pay an initial credit into its server balance. The initial credit is prepaid credit, not a fee: the server’s hourly charges are deducted from it, and when it runs out you top up the server balance (see “Top-up invoices” below). It does not buy a fixed period, such as a month. The amount for each plan is shown at checkout; today it is $5 for Quartz plans and for Chrono C8 and C16, $9 for Chrono C32 and $16 for Chrono C64.
Hourly billing and the monthly cap
- By the hour: a server is charged its plan’s hourly rate for every hour from the moment it is created until the moment it is deleted. Charges are deducted from the server balance every hour.
- Whole cents: every charge is deducted in whole cents. A full hour is charged at exactly the plan’s hourly rate. A charge for part of an hour, such as a server’s first or last hour, is rounded to the nearest cent and is never more than the hourly rate.
- Billing period: each server’s billing period is one month long and starts on the date you order the server (for example, from October 4 to November 4); it is not the calendar month. The Portal shows the current billing period of each server.
- Monthly cap: each plan’s monthly price is 500 times its hourly rate. In each billing period, once a server’s charges reach its plan’s monthly price, which happens after 500 hours, the server is not charged for the rest of that billing period. You never pay more than the monthly price for a server in a billing period. The cap starts again at the beginning of every billing period.
- By the day or by the month: “daily” and “monthly” on our website describe ways of using the same hourly-billed server: keeping it for a number of days, or leaving it running under the monthly cap. There are no prepaid daily or monthly cycles, no minimum term and no contract.
- Stopped servers: a server that is powered off keeps its vCPU, memory, storage and IP addresses reserved for you, so it is billed exactly like a running server, and the monthly cap applies in the same way. Billing ends only when you delete the server.
The plan price includes the server’s listed resources, one IPv4 address, IPv6 and the transfer described on the pricing page. If an add-on carries a charge, the Portal shows that charge before you add it.
Top-up invoices
When a server’s balance falls to about 24 hours of usage, we issue a top-up invoice for that server. Pay it in the Portal to keep the server running. If the balance reaches zero, section 6 applies.
Price changes
We may change our prices. New prices apply to new servers from the time we publish them. For a server you already have, we will email you at least 30 days before a price increase applies to it, and you can delete the server before the increase takes effect.
Billing records
The Portal shows every top-up, every charge and your current balance. If you think a charge is wrong, tell us within 60 days of the charge, as described in the Refund and Account Credit Policy.
6. Low credit, non-payment and suspension
- Keep each server’s balance funded. We issue a top-up invoice when a server’s balance falls to about 24 hours of usage, and we try to warn you by email before it runs out, but keeping your servers funded is your responsibility.
- If a server’s balance reaches zero, we suspend the server: we power it off and block access to it. A suspended server keeps its data.
- We do not charge for the time a server spends suspended for non-payment. If the balance is negative when the suspension starts, the amount owed is taken from your next payment.
- If the server is not paid within 7 days of the suspension, we delete it and permanently delete its data.
7. Cancellation and refunds
- You can delete a server or cancel a Service at any time in the Portal. Deleting a server is immediate and cannot be undone, and billing for that server stops; charges up to that moment remain due, with a last partial hour rounded to the nearest cent as described in section 5. Stopping or powering off a server does not stop billing.
- No refunds of metered usage. Hours that have been charged are not refunded. A server is billed only for the hours it exists, up to the monthly cap, so there is no prepaid period to cancel and no early-cancellation refund.
- Server balance: any unused balance of a server you delete is handled as the Portal shows for that server, under the Refund and Account Credit Policy.
- Account credit cannot be withdrawn or paid out to a card, bank account or crypto wallet, except in the cases listed in the Refund and Account Credit Policy or where the law requires it.
Consumer withdrawal rights. Nothing in the Terms limits a statutory right to withdraw from a distance contract that consumer law gives you, such as the 14-day right in the European Union and the United Kingdom. When you order a server, you ask us to start providing it immediately. If you then withdraw within the statutory period, you pay for the service provided up to the time you tell us, and we refund the rest as that law requires. See section 9 of the Refund and Account Credit Policy.
8. Payments, chargebacks and fraud
- Use only payment methods you are authorized to use. Payments are processed by third-party payment processors, whose own terms may also apply to you.
- Cryptocurrency top-ups are credited in US dollars, at the amount the payment processor confirms after the required network confirmations. Network fees are yours. If you send the wrong amount, use the wrong network or send to the wrong address, we will try to help, but we cannot guarantee that the funds can be recovered.
- If you think a charge is wrong, contact [email protected] first. Most billing problems are solved faster directly than through a bank dispute.
- If you start a chargeback or another payment reversal, we may suspend the account while the dispute is open and remove any credit that came from the disputed payment. Charges for Services you have already used remain due.
- We may suspend or close accounts involved in fraud, the use of stolen payment methods or attempts to obtain Services without paying, and we may report them to payment processors and the authorities.
9. Acceptable use
You must follow the Acceptable Use Policy and make sure that everyone who uses your servers does too. You are responsible for the content and activity on your servers, including that of your users and customers. In particular:
- Mining or plotting any cryptocurrency is prohibited on every plan and in every location.
- Outbound SMTP on port 25 is blocked by default. You can ask us to open it by opening a ticket; we may ask about your use or for verification first, and we may close it again if it is misused.
- Unmetered transfer is subject to fair use, as described in section 10.
10. IP addresses, transfer and fair use
- IP addresses we assign to you remain ours or our upstream providers’. You may use them only while the Service lasts, and you cannot transfer them. Use only the addresses assigned to you, and follow the policies of the regional internet registry that allocated them.
- When a server is deleted, its IP addresses return to our pool and may be assigned to another customer.
- Where the Portal lets you set reverse DNS, the record must be accurate and not misleading.
- If your activity gets one of our IP addresses or ranges listed on a blocklist, you must stop that activity right away, and we may charge you the reasonable, documented cost of getting the listing removed.
Transfer allowances. Plans in locations with a monthly transfer allowance include the amount listed on the pricing page; a server that exists for only part of a month receives a share in proportion to the time it exists. If a server uses more than its allowance, we may limit its port speed for the rest of the period. We charge for extra transfer only if an overage rate is published on the pricing page when the extra transfer happens.
Unmetered transfer and fair use. In locations where transfer is unmetered, we do not count it against a quota. Fair use means traffic that is consistent with normal use of a server of that size. If a server’s sustained traffic affects our network or other customers, we will contact you first, and we may limit the server’s port speed if the situation continues.
11. Your data, backups and deletion
You keep all rights to the data, software and content you put on your servers (“Customer Content”). You give us only the permission we need to host, store and transmit it in order to provide the Services.
We do not access Customer Content except:
- when you ask us to, for example in a support ticket;
- when it is necessary to prevent or stop serious harm to our network, our customers or third parties;
- when the law or a valid legal order requires it, as described on our Transparency page.
Data on a server is permanently deleted:
- immediately, when you delete the server yourself;
- 7 days after we suspend the server for non-payment, if you do not restore the account credit in that time;
- 7 days after we terminate a Service for any other reason, unless the law requires us to keep it longer.
Deleted data, including snapshots, cannot be recovered by you or by us. Copy anything you need before a Service ends. If you need more time to move your data to another provider, ask us before the Service ends; where the law gives you a longer period to retrieve your data, we will follow it. Our Security page explains what happens to storage when a server is deleted.
12. Abuse reports, copyright notices and legal requests
- We handle abuse reports as described on our Report abuse page. We may forward a report to you and require you to respond or fix the problem within a set time.
- We respond to copyright notices under the US Digital Millennium Copyright Act (DMCA) and similar laws, following the process on the Report abuse page. In appropriate circumstances, we terminate the accounts of customers who repeatedly infringe.
- We disclose customer data to law-enforcement or government bodies only in response to valid legal process, or where the law otherwise requires or allows it, for example in an emergency involving a risk of death or serious injury. Where the law allows, we tell the affected customer about the request. Our Transparency page describes how we handle these requests.
13. Sanctions and export controls
You confirm that neither you nor anyone who owns or controls you, or for whom you act:
- is located in, ordinarily resident in or organized under the laws of a country or region that is subject to comprehensive sanctions by the United States, the United Nations, the European Union or the United Kingdom; or
- is named on a sanctions list, such as the US Treasury’s Specially Designated Nationals (SDN) list, or is owned or controlled by someone who is.
You will not use the Services for such a person or place, or for any purpose prohibited by US export-control law. We screen orders and may decline, suspend or terminate Services without notice to comply with these laws. If sanctions law requires us to block funds or Services, we follow it, even if that means we cannot release or refund them. The list of comprehensively sanctioned countries and regions changes; ask us if you are unsure.
14. Availability and maintenance
Our availability target, how we measure it and the service credits you receive if we miss it are set out in the Service Level Agreement. We announce scheduled maintenance at least 48 hours in advance by email.
15. Suspension and termination
By you
You can delete your servers and close your account at any time. Remaining account credit is not paid out, except as the Refund and Account Credit Policy or the law provides.
Suspension by us
We may suspend all or part of the Services, with notice where practical, if:
- your account credit does not cover your charges (section 6);
- you breach the Terms or the AUP;
- your server is compromised or is being used to harm others;
- we need to comply with the law, a court order or sanctions rules;
- a reasonable verification request is not completed, or we reasonably suspect fraud.
We limit a suspension to what is needed, for example a single server, IP address or port, and we lift it when the reason is resolved.
Termination by us
We may terminate Services or close your account for a serious or repeated breach, for fraud, for sanctions reasons, or if the reason for a suspension is not resolved within the reasonable time we give you. We may also stop providing the Services to you for any other reason with at least 30 days’ notice by email; in that case, we refund your remaining account credit, and the unused balance of the servers concerned, to your original payment method where the payment processor allows it.
When we suspend or terminate a Service because of content or activity, we tell you the reasons and how to contest the decision, unless the law forbids it or telling you would compromise an investigation or put someone at risk.
What happens next
When a Service ends, your right to use it ends, its data is deleted as described in section 11, and any amounts you owe remain due. Sections that by their nature should continue, such as those on payments, liability, indemnity and governing law, continue to apply.
16. Warranties and disclaimers
We provide the Services with reasonable skill and care. Apart from that and the commitments in the SLA, and to the extent the law allows, the Services are provided “as is” and “as available”. We disclaim all implied warranties, including merchantability, fitness for a particular purpose and non-infringement, and we do not promise that the Services will be uninterrupted or error-free or that data will never be lost. If you are a consumer, this section does not affect the rights the law of your country gives you.
17. Limitation of liability
- To the extent the law allows, neither party is liable for indirect, incidental, special, consequential or punitive damages, or for loss of profits, revenue, business, goodwill or data, even if it was told such damage was possible.
- Our total liability for all claims arising out of or relating to the Services is limited to the amount you paid us for the Services in the 12 months before the event that gave rise to the claim.
- These limits do not apply to your obligation to pay for the Services, to your indemnity under section 18, or to liability that cannot be limited by law, such as liability for fraud, gross negligence, willful misconduct, or death or personal injury caused by negligence.
- If you are a consumer, these limits apply only as far as the law of your country allows.
18. Indemnity
You will defend and indemnify us, and our officers, employees and contractors, against third-party claims, and the related losses, damages, fines and reasonable legal costs, arising from your Customer Content, your use of the Services or your breach of the Terms or the law. We will tell you promptly about any such claim, let you control its defense and cooperate with you at your expense. If you are a consumer, this section applies only as far as the law of your country allows.
19. Events outside our control
Neither party is liable for a failure or delay caused by events beyond its reasonable control, such as natural disasters, fire, flood, war, terrorism, civil unrest, acts of government, failures of power or other utilities, failures of carriers and networks outside our own, and denial-of-service attacks larger than our mitigation capacity. This does not excuse payment for Services already provided.
20. Changes to these Terms
- We may update the Terms. Each version has a version number and an effective date at the top of this page.
- If a change is material and works against you, we will email you at least 30 days before it takes effect. Other changes, such as clarifications, changes the law requires or terms for new features, may take effect when we publish them.
- If you do not agree with a change, you can delete your servers before it takes effect. If you close your account because of a material change that works against you, we will refund your remaining account credit to your original payment method where the payment processor allows it.
- If you keep using the Services after a change takes effect, the changed Terms apply. Earlier versions are available on request at [email protected].
21. Governing law and disputes
- The Terms, and any dispute arising out of or relating to them or the Services, are governed by the laws of the State of Wyoming, USA, without regard to its conflict-of-law rules. The UN Convention on Contracts for the International Sale of Goods does not apply.
- Before starting proceedings, please contact us at [email protected] and describe the problem. We will try to resolve it with you within 30 days.
- The state and federal courts located in Wyoming have exclusive jurisdiction, and both parties consent to their jurisdiction.
- If you are a consumer, this choice of law does not deprive you of the protection of the mandatory consumer-protection rules of the country where you live, and you may also bring proceedings in the courts of that country if its law gives you that right.
22. General
- Entire agreement. The Terms, including the documents listed in section 1, are the whole agreement between us about the Services.
- Severability. If a court finds part of the Terms unenforceable, the rest stays in effect.
- No waiver. If we do not enforce a provision right away, we can still enforce it later.
- Assignment. You may not transfer your account or the Terms without our written consent. We may transfer them to an affiliate or to a successor in a merger, acquisition or sale of assets, and we will tell you if we do.
- No third-party rights. Nobody other than you and us has rights under the Terms.
- Notices. We send notices to the email address on your account or show them in the Portal. You can send operational notices to the addresses in section 23. Send formal legal notices by post to our address, with a copy by email to [email protected].
- Electronic communications. Emails and Portal messages satisfy any legal requirement for written communication.
- Language. If we publish a translation of the Terms, the English version prevails where they differ, as far as the law allows.
- Business days. In these documents, business days are Monday to Friday, excluding US federal public holidays.
23. Contact
| Topic | Contact |
|---|---|
| Support and general questions | A ticket in the Portal, or [email protected] |
| Billing, refunds and account credit | [email protected] |
| Abuse, copyright notices and law-enforcement requests | [email protected] |
| Privacy and data-protection requests | [email protected] |
| Security issues in our own systems | [email protected] |
| Postal address | White Label Services, LLC, 1308 Coffeen Ave, Sheridan, WY 82801, USA |