TERMS OF SERVICE

1. AGREEMENT

By using HyplexServers, you agree to be bound by these Terms of Service. If you do not agree to these terms, do not use our services. These terms apply to all users, including visitors, registered users, and paying customers.

These terms constitute a legally binding contract between you and HyplexServers. If you are accepting on behalf of an organization, you represent that you have authority to bind that entity. We recommend reading these terms carefully before provisioning any server resources.

2. SERVICES

HyplexServers provides high-performance dedicated server hosting, including virtual private servers, dedicated hardware, storage solutions, networking, DDoS protection, and related infrastructure services. All resources are dedicated — we never oversell capacity.

Service specifications — CPU cores, RAM, NVMe storage, bandwidth, and port speeds — are detailed on our website and in the client portal. We continuously upgrade our hardware fleet and may introduce, modify, or deprecate specific features with reasonable notice. Compatibility with third-party software is your responsibility to verify.

3. ACCOUNTS

You are responsible for your account security and all activity under your account. Use a strong, unique password and enable two-factor authentication where available. Notify us immediately of any unauthorized access. Accounts may not be shared or transferred without prior approval.

You must provide accurate registration information and keep it current. All activity under your account is your responsibility. HyplexServers is not liable for losses arising from unauthorized account access caused by your failure to secure credentials. We reserve the right to suspend accounts we believe are compromised.

4. ACCEPTABLE USE

The following activities are strictly prohibited on HyplexServers infrastructure:

• Launching DDoS attacks or participating in botnets
• Hosting or distributing illegal content, malware, or phishing campaigns
• Cryptocurrency mining without prior written approval
• Abuse of network resources, bandwidth, or IP allocations
• Port scanning or network probing of third-party systems
• Operating open proxies, relays, or TOR exit nodes without authorization
• Running software that degrades performance for other customers
• Attempting to bypass resource limits or security controls
• Hosting content that promotes violence, hatred, or discrimination

Zero tolerance. Violations result in immediate suspension without notice. Repeated offenses lead to permanent termination and forfeiture of any remaining service credits.

5. PERFORMANCE GUARANTEE

We guarantee 99.99% network uptime measured monthly. Hardware failures are addressed with replacement within 4 hours. If we fail to meet our SLA, affected customers receive service credits. Scheduled maintenance is communicated at least 72 hours in advance and excluded from uptime calculations.

Credit tiers: 99.9%–99.99% uptime = 10% credit; 99.0%–99.9% = 25% credit; below 99.0% = 50% credit. Maximum credit: 50% of monthly fees for the affected service. Credits are non-refundable and applied as account balance. Submit requests within 30 days of the incident.

This SLA does not cover outages caused by customer actions, third-party failures, force majeure events, or DDoS attacks that exceed our mitigation capacity.

6. PAYMENT

All services are billed monthly in USD. Payment is due upon invoice generation. If payment is not received within 7 days, services will be suspended. Continued non-payment for 14 days may result in data deletion. We accept major credit cards and other methods available through our billing portal.

Overdue accounts accrue interest at 1.5% per month or the legal maximum, whichever is lower. Price changes are communicated at least 30 days in advance and take effect at the next billing cycle. Prorated refunds are provided for unused time on cancelled services. You are responsible for all applicable taxes and duties.

7. DATA

All data is stored in European data centers. Your data is yours — we do not access, inspect, or share it without your explicit permission or a valid legal order. We employ AES-256 encryption at rest and TLS 1.3 in transit. Backups are your responsibility unless you have purchased our managed backup service.

HyplexServers is fully GDPR compliant. As data processor, we handle your data only per your instructions. A Data Processing Agreement (DPA) is available on request. We conduct regular security audits and penetration testing. Data breach notifications are issued within 72 hours per GDPR. You may exercise data rights — access, rectification, erasure, portability — at any time.

8. INTELLECTUAL PROPERTY

The HyplexServers platform, control panel, APIs, documentation, and all associated branding are the exclusive property of HyplexServers or its licensors, protected by copyright, trademark, and other intellectual property laws.

You retain all rights to your data, code, and content. You grant HyplexServers a limited license to host and process your content solely to deliver the contracted services. This license terminates when your account is closed. Reverse-engineering, decompiling, or extracting source code from HyplexServers proprietary software is prohibited unless expressly permitted by law.

9. LIABILITY

HyplexServers' total liability is limited to the service fees paid by you in the preceding 3 months. We are not liable for indirect, incidental, special, or consequential damages, including but not limited to lost profits, data loss, or business interruption, however caused.

HyplexServers is not liable for failures caused by force majeure, third-party disruptions, customer-initiated actions, or cyberattacks that exceed our mitigation capacity. This limitation applies to the fullest extent permitted by Dutch law regardless of the legal theory (contract, tort, strict liability, or otherwise).

10. INDEMNIFICATION

You agree to indemnify and hold harmless HyplexServers, its officers, employees, and affiliates from any claims, damages, losses, or expenses (including legal fees) arising from:

• Your use of HyplexServers infrastructure or activity under your account
• Your breach of these terms or any applicable law or regulation
• Infringement of third-party rights through your content or applications
• Data you store, process, or transmit via our servers

This obligation survives termination of these terms and your use of HyplexServers services.

11. TERMINATION

We reserve the right to immediately terminate services for violations of our acceptable use policy. For standard cancellations, 14 days' notice is required. Upon cancellation, data is retained for 14 days before permanent deletion. You may request an earlier deletion if preferred.

Outstanding invoices remain due after termination. Provisions that by their nature should survive — including liability, indemnification, and intellectual property — continue in effect after termination. Prorated refunds are available for unused time in the current billing period.

12. DISPUTE RESOLUTION

Disputes are first addressed through good-faith negotiation. Either party may initiate by sending written notice describing the dispute. If unresolved within 30 days, the matter may be escalated to mediation in the Netherlands with costs shared equally.

If mediation fails within 60 days, either party may pursue formal proceedings in the competent courts of the Netherlands as specified in the Jurisdiction section.

13. MODIFICATIONS

HyplexServers may update these terms at any time. Changes are posted here with an updated date. Material changes are communicated at least 30 days in advance via email.

Continued use after modifications constitutes acceptance. If you disagree with changes, discontinue use before they take effect. Review these terms periodically.

14. JURISDICTION

These terms are governed by and construed in accordance with the laws of the Netherlands. Any disputes shall be submitted to the competent courts in the Netherlands.

If any provision is found unenforceable, it shall be enforced to the maximum extent permissible; remaining provisions stay in full force. Failure to enforce a right does not constitute a waiver.