Terms of Service

Effective September 27, 2026 · TidalVPS

These Terms of Service ("Terms") are a binding agreement between you and TidalVPS ("TidalVPS", "we", "us"). By creating an account, placing an order or using any of our services, you agree to these Terms, our Acceptable Use Rules, our Privacy Policy and our Refund Policy, which are all part of this agreement. If you don't agree, don't use the services.

Please read Section 16 carefully. It requires most disputes to be resolved through individual binding arbitration instead of in court, and it waives your right to take part in class actions. You can opt out within 30 days as described there.

1. Eligibility and accounts

You must be at least 18 years old and able to form a binding contract. You must give accurate, current and complete information when you sign up and keep it up to date. You are responsible for everything that happens under your account, including activity by anyone you give access to, and for keeping your password and SSH keys secure. One person or company per account; creating accounts to get around a suspension, ban or limit is not allowed.

2. The services

We provide virtual private servers ("VPS") and related services as described on our website at the time of your order. Our servers run on infrastructure operated by third-party data center providers. We may change, improve or discontinue features, plans, locations or operating systems at any time; if we discontinue a service you are actively paying for, we will give reasonable notice and a prorated refund or equivalent replacement.

You receive full administrative (root) access to your server. You are solely responsible for installing, configuring, securing, updating and maintaining the software on it.

3. Acceptable use and strikes

You must follow our Acceptable Use Rules and all applicable laws. Violations result in strikes under the 3-strike policy described there, and we may suspend or terminate the affected server. At 3 strikes your account is permanently banned and all services are terminated without refund. We may skip earlier strikes and act immediately for serious violations, including child sexual abuse material, attacks on critical infrastructure, or activity that threatens our network, our providers or other customers. We cooperate with law enforcement and may report illegal activity and preserve related records.

We monitor network-level and usage signals to enforce these rules: spam and attack reports from our providers, abuse reports from third parties, public IP blocklists, and usage numbers from the metrics agent described in our Privacy Policy. We do not inspect the contents of your server.

Outgoing email. To prevent spam, outgoing connections on port 25 are blocked on new servers. Sending through an email provider on other ports is unaffected. We allow port 25 on request for legitimate mail servers. Removing the block without our approval, or sending unsolicited email, is a violation of these Terms.

4. Your data and backups

You are solely responsible for backing up your data. Servers can fail, and reinstalls, cancellations, suspensions for non-payment and terminations permanently erase data. We are not responsible for lost, corrupted or deleted data for any reason, including hardware failure, software errors, security incidents or actions you take in the control panel. Any backup or snapshot feature we offer is a convenience only and is not a guarantee that data can be recovered.

5. Orders, billing and renewals

• Prepaid. Services are billed in advance for the billing cycle you choose (monthly, quarterly or annually). Prices are in US dollars and exclude any applicable taxes, which you are responsible for.
• Delivery. Servers are usually delivered within minutes of payment, but new orders may be held for verification for up to 24 hours or longer. We may decline or cancel any order at our discretion; if we do, we refund what you paid for it.
• Renewals. Services renew automatically for the same cycle. We issue a renewal invoice before the due date and email it to you. Cancel before the due date to avoid the next charge.
• Late payment. If a renewal invoice is unpaid, the service is suspended 3 days after the due date and terminated, with all data permanently deleted, 14 days after the due date.
• Price changes. We may change prices for new orders at any time. For existing services we give at least 30 days' notice by email before a price change applies to your next renewal.
• Payment processing. Card payments are handled by our payment processor, Stripe. We never see or store your full card number.
• Card processing fee. Payments made with a credit card include a card processing fee that covers our processing cost, up to 3% of the payment. The fee is shown before you confirm each payment. There is no fee for debit or prepaid cards, and none where applicable law prohibits it. The fee is refunded along with any refunded payment.

6. Refunds and chargebacks

Refunds are covered by our Refund Policy. If you have a billing problem, contact us first. We resolve almost every issue quickly. Opening a chargeback or payment dispute without first contacting us to resolve it is a breach of these Terms. When a dispute is opened, we may immediately suspend all services on the account, and we will respond to the dispute with records of your order, your acceptance of these Terms, your login and usage history and the services delivered. If a dispute is decided in our favor or withdrawn, you agree to pay any outstanding amounts plus the dispute fees charged to us. Accounts with fraudulent disputes are banned.

7. Cancellation

You can cancel any service from the control panel, either at the end of the current billing period or immediately. Immediate cancellation deletes the server and its data right away. Cancellation does not entitle you to a refund except as stated in the Refund Policy.

8. Service levels and DDoS protection

We work hard to keep servers online, but we do not guarantee any particular uptime, performance or availability unless we have agreed to a written service level agreement with you. Maintenance, provider outages, network events and circumstances outside our control can interrupt service. DDoS protection is provided on a best-effort basis: it filters most attacks automatically, but no protection can stop every attack, and we may null-route or suspend an IP address if an attack threatens our network or other customers.

9. Suspension and termination

We may suspend or terminate your services or account, with or without notice, if you breach these Terms, fail to pay, open a payment dispute, provide false information, create a legal or security risk, or if required by law or by our infrastructure providers. You may close your account at any time by cancelling your services and contacting support. Sections that by their nature should survive termination (including payment obligations, Sections 4, 6 and 10 through 19) survive.

10. Your content and our property

You keep all rights to the content, software and data you place on your server ("Your Content"). You grant us only the limited rights needed to host, transmit, back up and display Your Content to provide the services and comply with the law. You confirm you have all rights needed for Your Content and that it doesn't violate the law or anyone's rights. Our website, control panel, branding and software belong to us or our licensors; you may not copy, resell or reverse engineer them except as the law allows.

11. Copyright complaints (DMCA)

We respond to notices of alleged copyright infringement under the Digital Millennium Copyright Act. Send notices to our designated agent at [email protected], including: your physical or electronic signature; identification of the copyrighted work; identification of the infringing material and its location (such as the IP address and URL); your contact information; a statement that you have a good-faith belief the use is not authorized; and a statement, under penalty of perjury, that the notice is accurate and that you are authorized to act for the owner. We may remove or disable access to reported material and will notify the customer, who may submit a counter-notice as permitted by law. Accounts that repeatedly infringe receive strikes and are terminated under our repeat infringer policy.

12. Privacy

Our Privacy Policy explains what information we collect and how we use it.

13. Disclaimer of warranties

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." TO THE FULLEST EXTENT PERMITTED BY LAW, WE AND OUR PROVIDERS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE, ERROR-FREE OR FREE OF DATA LOSS.

14. Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER WE NOR OUR OFFICERS, EMPLOYEES, AGENTS OR PROVIDERS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL OR BUSINESS OPPORTUNITY, ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES, EVEN IF WE WERE ADVISED OF THE POSSIBILITY. OUR TOTAL LIABILITY FOR ALL CLAIMS RELATED TO THE SERVICES IS LIMITED TO THE AMOUNT YOU PAID US FOR THE SERVICE GIVING RISE TO THE CLAIM IN THE THREE (3) MONTHS BEFORE THE EVENT THAT CAUSED IT.

Some jurisdictions don't allow certain limitations, so some of the above may not apply to you. In that case our liability is limited to the smallest amount the law allows.

15. Indemnification

You agree to defend, indemnify and hold harmless TidalVPS and its officers, employees, agents and providers from any claims, damages, losses, fines, costs and expenses (including reasonable attorneys' fees) arising out of Your Content, your use of the services, your breach of these Terms or the Acceptable Use Rules, or your violation of any law or third-party right. This includes claims arising from activity on your server by anyone, whether or not you authorized it.

16. Dispute resolution, arbitration and class action waiver

Informal resolution first. Before starting any formal proceeding, you and we each agree to try to resolve the dispute informally by contacting the other in writing and negotiating in good faith for at least 30 days. Contact us at [email protected].

Binding individual arbitration. Any dispute, claim or controversy arising out of or relating to these Terms or the services that is not resolved informally will be resolved by final and binding arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules (or Commercial Arbitration Rules if you use the services for business), rather than in court. The arbitration will be held in Oklahoma or by video conference, and judgment on the award may be entered in any court with jurisdiction. Either party may instead bring an individual claim in small claims court if it qualifies, and either party may seek injunctive relief in court to protect intellectual property or to stop abuse of the services.

Class action waiver. You and we agree that each may bring claims against the other only in an individual capacity, and not as a plaintiff or class member in any purported class, collective, consolidated or representative proceeding. The arbitrator may not consolidate claims of more than one person.

Opt-out. You may opt out of this arbitration agreement by emailing [email protected] with your name, account email and a statement that you opt out of arbitration within 30 days of first accepting these Terms. If you opt out, or if this section is found unenforceable, disputes will be resolved exclusively in the state or federal courts located in Oklahoma, and you and we consent to their jurisdiction.

17. Governing law

These Terms are governed by the laws of the State of Oklahoma and applicable United States federal law, including the Federal Arbitration Act, without regard to conflict-of-law rules.

18. Export control and sanctions

You may not use the services if you are located in, or are a national or resident of, a country or region subject to comprehensive U.S. sanctions, or if you appear on any U.S. government restricted-party list, and you may not use the services to export anything in violation of U.S. export laws.

19. General

These Terms, together with the documents they reference, are the entire agreement between you and us about the services. If any provision is found unenforceable, the rest remains in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms without our written consent; we may assign them in connection with a merger, acquisition or sale of assets. We are not liable for delays or failures caused by events beyond our reasonable control. We may update these Terms; for material changes we will notify you by email or in the control panel at least 14 days before they take effect, and continuing to use the services after that means you accept the updated Terms.

20. Contact

TidalVPS
[email protected]